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§ 40-17-7 NMSA 1978

Hearings on petition; grounds for issuance; contents of order

Known as the Extreme Risk Firearm Protection Order Act

The act spans §§ 40–40 (13 sections).

Laws 2020, ch. 5, § 7.

In determining whether grounds for any extreme risk firearm protection order exist, the court shall consider, at a minimum, the following:

A. any recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat involved a firearm;

B. a pattern of acts or threats of violence by the respondent within the past twelve months, including acts or threats of violence against self or others;

C. the respondent's mental health history;

D. the respondent's abuse of controlled substances or alcohol;

E. the respondent's previous violations of any court order;

F. previous extreme risk firearm protection orders issued against the respondent;

G. the respondent's criminal history, including arrests and convictions for violent felony offenses, violent misdemeanor offenses, crimes involving domestic violence or stalking;

H. the respondent's history of the use, attempted use or threatened use of physical violence against another person; of stalking another person; or of cruelty to animals; and

I. any recent acquisition or attempts at acquisition of a firearm by the respondent.

Official source: NMOneSource (New Mexico Compilation Commission). Reproduced from public-domain New Mexico statutes; confirm against the official source for the current text. Not legal advice.