Skip to Main Content
Last Updated

In 2019, New Mexico enacted laws requiring some people subject to domestic violence protective orders to relinquish any firearms subject to their possession or control to a law enforcement agency, officer, or federal firearms licensee for the duration of the domestic violence protective order,1 within 48 hours of receiving service of the order.2 Law enforcement officers are also directed to remove firearms subject to the order of protection that are relinquished by the respondent, in plain sight, or discovered pursuant to a lawful search.3 More information about these removal requirements and procedures is available on our Domestic Violence & Firearms in New Mexico page.

In 2020, New Mexico also enacted the Extreme Risk Firearm Protection Order Act, creating a process for law enforcement agencies and officers to petition courts for civil orders that temporarily suspend firearm access from individuals who are found, through due process, to pose a significant risk of imminent violence to self or others.4 Individuals subject to these orders are also required to relinquish any firearms subject to their possession or control to a law enforcement agency, officer, or federal firearms licensee for the duration of the court order, within 48 hours of receiving service of the order (or sooner if specified by the court).5 For more information about this law, see our Extreme Risk Protection Orders in New Mexico page.

Under New Mexico law, a handgun possessed or transported by a person under age 19, in violation of state law6 is also subject to seizure and forfeiture by law enforcement.7

New Mexico has no other laws expressly requiring the relinquishment or removal of firearms from people who have become prohibited from possessing them.

MEDIA REQUESTS

Our experts can speak to the full spectrum of gun violence prevention issues. Have a question? Email us at media@giffords.org.

Contact
  1. N.M. Stat. Ann. § 40-13-5(A)(2) .[]
  2. N.M. Stat. Ann. § 40-13-13(A).[]
  3. N.M. Stat. Ann. § 40-13-13(B.[]
  4. 2020 NM SB 5; N.M. Stat. Ann. §§ 40-17-1 — 40-17-13.[]
  5. N.M. Stat. Ann. § 40-17-10.[]
  6. See N.M. Stat. Ann. § 30-7-2.2.[]
  7. N.M. Stat. Ann. § 30-7-2.3.[]