New Mexico
 N.M.Stat. 40-17-1 - 40-17-13

Who May Petition

LEO

Burden of proof for Emergency Order or Ex Parte Order

Probable cause to believe that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm before notice can be served and a hearing held. 

Notice and Opportunity

Within 10 days of issuance of ex parte order, notice included in order

Service

By petitioning LEO

What is Prohibited?

Possession, custody or control of a firearm, and purchasing, receiving or attempting to purchase or receive a firearm.

Relinquish Firearms

Relinquish firearms to LEA or federal firearms licensee within 48 hours

Seizure by LEA

 

Burden of Proof at Hearing

Preponderance of the evidence that the respondent poses a significant danger of causing imminent personal injury to self or others by having in the respondent's custody or control or by purchasing, possessing or receiving a firearm

Authority to Order Mental Health/Substance Abuse Evaluation

Not specified

Entry into NICS

Entry into NICS and state database system by designated LEA

Duration of Order after Hearing

1 year

Warrantless Arrest Permitted in Statute

Not specified in statute

Criminal Penalty

Misdemeanor, definite term less that 1 year and or $1,000

Contempt Penalty

 

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