HB 12 amends New Mexico’s Extreme Risk Firearm Protection Order Act, which is the state’s “red flag” law. The bill makes two main changes: it allows a law enforcement officer to file a petition for an extreme risk firearm protection order based not only on information from a reporting party, but also on credible information the officer personally collected while performing official duties. It also requires a respondent who is served with a temporary or one-year order to relinquish firearms immediately upon service, unless the court directs otherwise.
The bill also updates the petition requirements to match the new filing authority. When a petition is based on information gathered by an officer in the course of duty, the petition must identify the respondent, describe the firearms or ammunition believed to be involved, explain the circumstances under which the information was collected, and state why the officer believes the respondent poses a significant danger of imminent personal injury to self or others. The bill retains the existing requirement that petitions be sworn and supported by specific facts, and it preserves the process for petitions based on a reporting party’s request.
Impact
HB 12 changes state law governing extreme risk firearm protection orders by broadening who can supply the factual basis for a petition and by accelerating firearm surrender after service of an order. It affects law enforcement agencies, courts, respondents subject to these orders, and federal firearms licensees that may temporarily receive relinquished firearms. The bill also adds procedural duties for officers and agencies, including issuing receipts, providing copies to the respondent and petitioner, and filing the original receipt with the court within 72 hours.
Sentiment
The bill appears to have received majority support in both chambers, passing the House 41-27 and the Senate 23-15. That vote pattern suggests the measure was generally supported but still politically divisive, consistent with the broader debate over firearm regulation and red flag laws. No committee transcript was provided, so the available record shows support in final passage but not detailed discussion.
Contention
The likely points of contention are the expansion of law enforcement authority to initiate extreme risk petitions based on information gathered during official duties, and the requirement that firearms be relinquished immediately upon service of an order. Supporters would view these changes as improving public safety and making the process more responsive when officers encounter credible danger. Opponents are likely to focus on due process concerns, the breadth of police discretion, and the burden placed on firearm owners who must surrender weapons before further proceedings.