This text of New Mexico § 40-17-8 (One-year extreme risk firearm protection order; grounds) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
for issuance; contents of order; termination; expiration; renewal of orders. A. If, after hearing the matter, the court finds by a 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, the court shall issue a one-year extreme risk firearm protection order. B. A one-year extreme risk firearm protection order shall include:
(1)a statement of the grounds supporting the issuance of the order;
(2)the date and time the order was issued;
(3)the date and time the order expires;
(4)information pertaining to any recommendation by the court for mental health or substance abuse evaluations, if applicable;
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for issuance; contents of order; termination; expiration; renewal of orders. A. If, after hearing the matter, the court finds by a 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, the court shall issue a one-year extreme risk firearm protection order. B. A one-year extreme risk firearm protection order shall include: (1) a statement of the grounds supporting the issuance of the order; (2) the date and time the order was issued; (3) the date and time the order expires; (4) information pertaining to any recommendation by the court for mental health or substance abuse evaluations, if applicable; (5) the address of the court that issued the order; and (6) notice that the respondent is entitled to request termination of the order prior to the expiration of the order. C. If the court declines to issue a one-year extreme risk firearm protection order, the court shall state in writing the reasons for the court's denial and shall order the return of any firearms to the respondent. D. A respondent may request that the court terminate a one-year extreme risk firearm protection order at any time prior to the expiration of the order. E. At any time not less than one month prior to the expiration of a one-year extreme risk firearm protection order, a petitioner may petition the court to extend the order. Each extension of the order shall not exceed one year. A petition filed pursuant to this subsection shall comply with the provisions of Subsections E and F of Section 5 [40-17- 5 NMSA 1978] of the Extreme Risk Firearm Protection Order Act and shall be served on the respondent as provided in Section 9 [40-17-9 NMSA 1978] of that act. F. A one-year extreme risk firearm protection order is a final, immediately appealable order.