Courts have routinely rejected due process challenges to emergency firearms prohibition and removal orders. Courts have found that a full hearing is not required before issuing a temporary emergency order because the interest in protecting victims outweighs the risk of erroneous deprivation of the firearms and time before a full hearing (ten days) is relatively short.

When you are served with the Temporary Order it will tell you to relinquish your firearms within 48 hours or sooner (as directed by the court). Call any local law enforcement agency and ask for instructions on how to safely relinquish your firearms. Most law enforcement agencies will set up a time for you to bring your unloaded firearms locked in the trunk of your vehicle to the station. They will ask you to call from the parking lot when you arrive and an officer will come to get them and bring you inside to do the paperwork. This can be a stressful situation. Feel free to bring a support person to help you get through it. Remember, each agency handles firearms differently so always make arrangements by phone before you arrive. Never enter a police station with firearms – even if they are unloaded.

After the hearing on the one-year order, if the judge rules against you, you will be ordered again to relinquish all your firearms. If you have already complied, you will show the judge the receipt. If you still have firearms in your possession, the court may give you written instructions on relinquishment. Follow those instructions exactly. If the court does not give you instructions, call a local law enforcement agency and make arrangements. Failure to relinquish all your firearms as ordered by the court is a misdemeanor and could lead to arrest and seizure of your firearms as evidence of that crime. Consult with an attorney if you have any questions or concerns about how to comply with the court’s order.

No. A person under a Temporary Order or a One-Year Protection order may only relinquish their firearms to law enforcement agency or a Federal Firearm Licensee (FFL). Failure to obey a court order and refusing to relinquish firearms is a misdemeanor offense, punishable by up to 364 days in jail and/or a $1,000 fine, pursuant to Section 31-19-1 NMSA 1978.

There is a form you can use to ask the court to lift the Extreme Risk Protection Order before the termination date. Request to terminate form. You must provide the court with specific new information. If you feel the order should not have been issued in the first place, you will need a lawyer to help you file an appeal. There are time limits for filing an appeal and the appellate process is quite slow. The One-year Order could terminate before the appeal process is finalized.

No. You will not be assigned an attorney. If you feel you want to hire an attorney, shop around. This is a new area of the law and not many attorneys are familiar with it.

A Respondent can choose to store their firearms with a Federal Firearm Licensee (FFL) but there will be a charge. Law enforcement will not charge for storage.r

A Respondent can direct the law enforcement agency in writing to transfer possession of their firearm either to a Federal Firearm Licensee or to a lawful private party of their choosing. It is important to remember that transferring a firearm to a straw purchaser is illegal. A straw purchaser is someone who purchases a firearm in order to transfer it to a person who is not permitted to possess a firearm. A new law effective July 1, 2023, makes it a fourth-degree felony to engage in a strawman transfer.

A Respondent under a protection order is prohibited from possessing a firearm. There is no case law defining what “possession” means in the context of this law. The court will look to see if the Respondent can “exercise dominion and control” over the firearms. Each case will be decided on the specific facts. If the people living with the Respondent store their firearms in a manner that prevents the Respondent from “exercising dominion and control” (handling them or using them) there should be no problem.

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