Giffords Praises New Mexico House for Moving Forward with Lifesaving Legislation that Removes Guns from Dangerous People
HB 83, the Extreme Risk Firearm Protection Order Act, Allows Courts to Temporarily Remove Guns from Individuals Who Pose a Danger to Themselves or Others
February 14, 2019— Giffords , the gun violence organization founded by former Congresswoman Gabby Giffords and her husband Captain Mark Kelly, applauded the New Mexico House of Representatives for passing HB83, the Extreme Risk Firearm Protection Order Act. The bill, sponsored by Rep. Daymon Ely, establishes a process to obtain an Extreme Risk Firearm Protection Order that temporarily prohibits an individual who is a danger to themselves or others from possessing a firearm. The legislation can now be considered by the New Mexico Senate.
Statement from Robin Lloyd, managing director of Giffords
“For years the New Mexico legislature sat idle while families and communities had no way to stop family members and loved ones in crisis from getting their hands on a gun. But today’s vote highlights a fundamental shift in the willingness of the state lawmakers to protect New Mexicans from gun violence. These legislators know what’s at stake if they fail to address this crisis, and we are extremely proud of their prompt passage of this legislation. The fight in the legislature is only halfway over. We look forward to the Senate taking up this lifesaving bill and sending it to the governor to sign.”
New Mexico recently received an F from Giffords Law Center for its weak gun laws. According to the Annual Gun Law Scorecard , New Mexico lacks fundamental laws that protect its citizens from gun violence. Today’s action to move forward with HB 83 is a step in the right direction for the state to raise its grade and save lives from gun violence.
The House passed HB 83 after the bill was previously approved by the House Consumer & Public Affairs and Judiciary committees. Supporters of the legislation include the City of Albuquerque, Aztec, NM Police Chief Michael Heal, and the National Alliance on Mental Illness.
About Extreme Risk Laws
Extreme Risk Laws create a civil court order, issued by a judge upon consideration of evidence provided by a family member or law enforcement officer, that temporarily prohibits a person in crisis from possessing or purchasing firearms or ammunition. A common thread in many shootings is that family members of the shooters had noticed their loved ones engaging in dangerous behaviors and were concerned about their risk of harming themselves or others – even before any violence occurred.
- Extreme Risk Laws create a mechanism for families and law enforcement to temporarily prevent access to guns by individuals who pose an elevated risk of endangering themselves or others. These laws can save lives while ensuring critical legal protections for respondents, just as they have in states that have already taken this responsible step.
- Extreme Risk Laws are based on the long-standing domestic violence protection orders (in place in all 50 states) and involve both a court hearing and clearly defined due process protections. Qualifying petitioners would be able to petition a civil court for an order based on evidence they present at a hearing before a judge.
- Extreme Risk Laws give individuals an opportunity to present evidence to show they are not a danger to themselves or others. If a court issues an order, respondents would still be able to petition for early termination of the order and are eligible to have their firearms and ammunition returned upon expiration of the order.
- States with Extreme Risk Laws have seen positive results and are saving lives. California enacted this life-saving law in 2014, and Washington voters overwhelmingly passed it in November 2016. Connecticut and Indiana have long-standing Extreme Risk Laws that allow law enforcement officers to intervene when people are in crisis and have easy access to guns. In the first 14 years of the implementation of Connecticut’s law, researchers estimated that by temporarily removing weapons from 762 at-risk individuals, Connecticut’s law had saved up to 100 lives from suicide alone. In addition, nearly one third of respondents received critical mental health and substance abuse treatment as a result of the intervention. A total of 13 states now have Extreme Risk Laws in place.
- Extreme Risk Laws are a particularly important tool to help prevent suicides. Those in a suicidal crisis are much more likely to survive if they do not have easy access to firearms for the duration of the crisis. Research shows that people are more likely to die by suicide if they have easy access to firearms. Eighty-five percent of suicide attempts involving firearms are fatal. Nine out of 10 people who survive a suicide attempt do not die by suicide at a later date. These facts demonstrate that Extreme Risk Laws, which can prevent suicidal individuals from accessing guns during a crisis, will likely save lives.
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