NM · rules

N.M. Sup. Ct. Order No. S-1-AO-2025-00009 J

In addition, I would like the Court to also consider the following

activein force · 2026-09-30 – presentact-effective-date

___________________________________________________________________________

5. AFFIDAVIT OF LAW ENFORCEMENT OFFICER

I, _____________________________________________________________________________, hereby swear or affirm that

Law Enforcement Officer’s Name

I believe _____________________________________________, poses a significant danger of

Respondent’s Name

causing imminent personal injury to self or others by having custody or control or by purchasing,

possessing or receiving a firearm for the reasons sworn to in this Statement.

____________________________________

Signature

__________________________________________

Printed Name

Additional pages are attached to this Affidavit? □ YES □NO

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. ____________________

PETITION FOR EXTREME RISK FIREARM PROTECTION ORDER

SECTION I. PETITIONER (Petitioner must be a law enforcement officer working for a law

enforcement agency as defined under the Extreme Risk Firearm Protection Order Act (“Act”))

Petitioner is employed by the following type of agency:

 Police Department  District Attorney’s Office

 Sheriff’s Office  Attorney General’s Office

 State Police

1. Petitioner’s name: _________________________________________________________

Badge/CAID Number: ______________________________________________________

2. Law Enforcement Agency Petitioner works for: __________________________________

3. Law Enforcement Agency’s address:

___________________________________________________________________________

street address

______________________________________________ ____________ ____________

city state zip

4. Law Enforcement Agency’s telephone number: __________________________________

SECTION II. PERSON WHO COMPLETED THE AFFIDAVIT OR STATEMENT

In support of this petition, I am attaching as Exhibit “A”:

 Affidavit of the Reporting Party

 Statement from the Law Enforcement Officer.

A. Reporting Party

1. Reporting Party’s full name: _________________________________________________

2. Reporting Party’s relationship to Respondent: ___________________________________

3. Reporting Party’s address:

a.  The Reporting Party has completed a Request to Omit the Reporting Party’s

Contact Information.

b. Reporting Party’s address (Do NOT complete if 3a is checked above)

___________________________________________________________________________

street address

________________________________________________ ____________ __________

city state zip

B. Law Enforcement Officer

1. Law enforcement officers full name: __________________________________________

2. Law enforcement agency name: _____________________________________________

3. Law enforcement officer’s agency address:

__________________________________________________________________________

street address

____________________________________________________ _________ _________

city state zip

SECTION III. RESPONDENT

1. Respondent’s full legal name: ________________________________________________

2. Respondent’s date of birth: __________________________________________________

3. Respondent’s address:

___________________________________________________________________________

street address

___________________________________________________ _________ _________

city state zip

SECTION IV. BASIS FOR PETITION

In support of this petition, the undersigned Law Enforcement Officer swears or affirms that based

upon credible information in the attached Exhibit A (select one option):

☐ Affidavit of the Reporting Party

☐ Statement from the Law Enforcement Officer

there is probable cause to believe the Respondent poses a significant danger of causing imminent

personal injury to self or others by having custody or control of a firearm or by purchasing,

possessing or receiving a firearm. The undersigned Law Enforcement Officer has probable cause

to believe the following factors should be consider ed by the Court when determining whether to

issue a temporary extreme risk firearm protection order:

☐ A recent act or threat of violence by the Respondent against self or others, regardless of

whether the act or threat involved a firearm;

☐ A pattern of acts or threats of violence by the Respondent within the past twelve months,

including acts or threats of violence against self or others;

☐ The Respondent’s mental health history;

☐ The Respondent’s use of controlled substances or alcohol;

☐ The Respondent’s previous violations of any court order;

☐ Previous extreme risk firearm protection orders issued against the Respondent;

☐ The Respondent’s criminal history, including arrests and convictions for violent felony

offenses, violent misdemeanor offenses, crimes involving domestic violence or stalking;

☐ The R espondent’s history of the use, attempted use or threatened use of physical

violence against another person; of stalking another person; or of cruelty to animals; and

☐ Any recent acquisition or attempts at acquisition of a firearm by the Respondent.

☐ Other considerations: ___________________________________________________

FIREARMS. The quantities, types, and total number of all firearms the Petitioner believes to be

in the Respondent’s ownership, possession, custody, or control are listed below and/or attached as

Exhibit B.

Type of Firearm Number Location Ammunition

☐ Long gun (includes

rifles and shotguns)

☐ Yes ☐ No

☐ Unknown

☐ Handgun (includes

revolvers and pistols)

☐ Yes ☐ No

☐ Unknown

☐ Other (includes any

other firearms):

☐ Yes ☐ No

☐ Unknown

TOTAL NUMBER OF FIREARMS: ____________

LEGAL ACTION(S) BETWEEN REPORTING PARTY AND THE RESPONDENT.

☐ Lawsuit. Please describe: ________________________________________________

☐Complaint. Please describe: _______________________________________________

☐Petition. Please describe: _________________________________________________

☐Restraining Order. Date Issued: ______________ Issued by: _____________________

☐Injunction. Please describe: _______________________________________________

☐Other Legal Action. Please describe: ________________________________________

☐None.

For the foregoing reasons, Petitioner respectfully requests the court enter a Temporary Extreme

Risk Firearm Protection Order and schedule a hearing to be held within 10 days of the issuance of

a Temporary Extreme Risk Firearm Protection Order to determine if a One-Year Extreme Risk

Firearm Protection Order should be entered.

Respectfully submitted this day of, 20______.

__________________________________________

Signature of Petitioner

[Extreme Risk Firearm Protection Order

Act, NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. __________________________

TEMPORARY EXTREME RISK FIREARM PROTECTION ORDER

THIS MATTER comes before the court upon a Petition for an Extreme Risk Firearm

Protection Order. The court having reviewed the Petition and the Affidavit of the Reporting Party

or the Statement from the Law Enforcement Officer, including the allegations regarding:

☐ Any recent act or threat of violence by the Respondent against self or others,

regardless of whether the act or threat involved a firearm;

☐ A pattern of acts or threats of violence by the Respondent within the past twelve

months, including acts or threats of violence against self or others;

☐ The Respondent’s mental health history;

☐ The Respondent’s use of controlled substances or alcohol;

☐ The Respondent’s previous violations of any court order;

☐ Previous extreme risk firearm protection orders issued against the Respondent;

☐ The Respondent’s criminal history, including arrests and convictions for violent

felony offenses, violent misdemeanor offenses, crimes involving domestic violence or

stalking;

☐ The Respondent’s history of the use, attempted use or threatened use of physical

violence against another person; of stalking another person; or of cruelty to animals; and

☐ Any recent acquisition or attempts at acquisition of a firearm by the Respondent.

In addition, the court has considered other relevant information as follows:

______________________________________________________________________________

Based on the allegations contained in the Petition and the Affidavit of the Reporting Party

or the Statement from the Law Enforcement Officer, the Court finds there is probable cause to

believe 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.

WHEREFORE, THE COURT ORDERS:

FIREARM PROHIBITION

The Respondent, _________________________________ ___________________,

name date of birth

is prohibited from having in the Respondent’s possession, custody or control any firearm.

The Respondent is also prohibited from purchasing, receiving or attempting to purchase or

receive any firearm while this Order is in effect.

RELINQUISHMENT OF FIREARMS

The Respondent is hereby ordered to relinquish (surrender) all firearms in Respondent’s

possession, custody or control to a law enforcement agency, a law enforcement officer or a federal

firearms licensee (FFL):

□ immediately upon service of this Order;

□ _____________________________________________________________________

(as directed by the Court)

Failure to relinquish (surrender) all 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.

NOTICE AND HEARING

This Order shall remain in effect for ten (10) days or until the hearing date noted below,

whichever date is earlier. A hearing to determine whether a One-Year Extreme Risk Firearm

Protection Order shall be issued will be held on the date and time noted below. Failure to appear

at this hearing may result in the court issuing an order against you, which would be valid for

one (1) year. You may seek the advice of an attorney for any matter associated with this

Temporary Extreme Risk Firearm Protection Order.

The hearing for a One-Year Extreme Risk Firearm Protection Order will be held before

Judge _______________________________________ on _________________________,

20_______ at ____________ □ am □ pm at the ____________________________ Judicial

District Court, located at ___________________________________________________. This

hearing may only be continued at the request of the Respondent, but if continued must be re-set

within thirty days of the Respondent’s request for a continuance.

IT IS SO ORDERED.

_____________________________________

District Court Judge

Issued this________ day of_____________, ________at __________ □ am □ pm

[Extreme Risk Firearm Protection Order

Act, NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. __________________________

ORDER DENYING TEMPORARY EXTREME RISK

FIREARM PROTECTION ORDER

THIS MATTER came before this court upon a Petition for an Extreme Risk Firearm

Protection Order. The court, having considered the Petition, Affidavit of the Reporting Party or

the Statement from the Law Enforcement Officer, and being otherwise fully advised in the

premises, hereby DENIES the issuance of a Temporary Extreme Risk Firearm Protection Order.

The court does not find, from specific facts shown by the Petition and accompanying

Affidavit of the Reporting Party or the Statement from the Law Enforcement Officer, that there is

probable cause to believe that Respondent poses a significant danger of causing imminent personal

injury to self or others by having in Respondent’s custody or control or by purchasing, possessing

or receiving a firearm before notice can be served and a hearing held. Therefore, the court denies

the issuance of a Temporary Extreme Risk Firearm Protection Order.

The court further finds there is good cause to deny the issuance of a Temporary Extreme

Risk Firearm Protection Order for the following reasons: ________________________________

______________________________________________________________________________

IT IS SO ORDERED.

_____________________________________

District Court Judge

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Respondent □ Respondent's counsel on __________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Petitioner □ Petitioner's counsel on ______________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Reporting Party ___________________________ on ________________________ .

name date

_____________________________________________

Signed

_____________________________________________

Title

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. __________________________

RESPONDENT’S MOTION TO POSTPONE A HEARING FOR A ONE-YEAR

EXTREME RISK FIREARM PROTECTION ORDER

SECTION I.

1. I am the Respondent in this case, my name is: __________________________________

2. I currently live at the following address:

_______________________________________________________________________

street address

____________________________________________ __________ _____________

city state zip

3. My attorney's name, address, and telephone number are:

________________________________________________________________________

If you do not have an attorney, write "none."

SECTION II.

1. This is a request to postpone a hearing for a One-Year Extreme Risk Firearm Protection

Order set for __________________________by Judge ___________________________.

date name of Judge who entered Order

2. I have not previously requested postponement of a hearing in this case.

3. I am requesting to postpone the hearing for the reasons stated below:

______________________________________________________________________________

Add another page if necessary

_________________________________ ______________________________

Signature of Respondent Date

_________________________________

Printed Name of Respondent

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on __________________________________ a copy of this Motion to

Postpone a Hearing for a One-Year Extreme Risk Firearm Protection Order was served on the

□ Petitioner by __________________________________ at ____________________________

enter service method (U.S. Mail, personal service, etc.) street address

_________________________________, _____________________ _____________________

city state zip

□ Petitioner’s attorney by _______________________ at ______________________________

enter service method (U.S. Mail, personal service, etc.) street address

_________________________________, _____________________ _____________________

city state zip

____________________________________

Signature of Respondent

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. ______________________

ORDER GRANTING RESPONDENT’S MOTION TO POSTPONE A HEARING FOR A

ONE-YEAR EXTREME RISK FIREARM PROTECTION ORDER

THIS MATTER comes before the court upon Respondent’s motion to postpone a hearing

for a One-Year Extreme Risk Firearm Protection Order originally scheduled to be heard on

_________________________. The court, having reviewed the file and determined the Respondent

has not previously requested such relief, ORDERS this matter to be reset for hearing as follows:

NOTICE OF NEW HEARING DATE

The hearing to determine whether to issue a One-Year Extreme Risk Firearm Protection Order

is reset, upon the request of the Respondent. The date and time for the new hearing is

___________________________________, 20__________, at _________ □ a.m. □ p.m. before

Judge ___________________________in Courtroom ________ at the _________________ Judicial

District Court, located at: ______________________________________________________

ORDERED this _________ day of _______________________, 20______.

______________________________________

District Court Judge

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Respondent □ Respondent's counsel on _____________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Petitioner □ Petitioner's counsel on ________________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Reporting Party ____________________________ on _________________________ .

name date

_______________________________________________

Signed

_______________________________________________

Title

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. ____________________

ORDER DENYING RESPONDENT’S MOTION TO POSTPONE A HEARING FOR A

ONE-YEAR EXTREME RISK FIREARM PROTECTION ORDER

THIS MATTER comes before the court upon Respondent’s motion to postpone a hearing

for a One-Year Extreme Risk Firearm Protection Order originally scheduled to be heard on

_______________________________. The court, having considered the Respondent’s request, and

being otherwise fully advised in the premises, hereby DENIES the request for a postponement of the

hearing.

The reason(s) for the denial are as follows:

□ The Respondent was already granted a postponement of the One-Year Extreme Risk Firearm

Protection Order hearing on: _______________________________.

□ Other reason(s):_____________________________________________________________

________________________________________________________________________________

ORDERED this _________ day of _______________________, 20______.

____________________________________________

District Court Judge

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Respondent □ Respondent's counsel on _____________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Petitioner □ Petitioner's counsel on ________________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Reporting Party ________________________________ on _____________________ .

name date

_______________________________________________

Signed

_______________________________________________

Title

[Extreme Risk Firearm Protection Order

Act, NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. __________________________

ONE-YEAR EXTREME RISK FIREARM PROTECTION ORDER

THIS MATTER came before the court on a Petition for Extreme Risk Firearm Protection

Order and hearing on ______________________, 20_____. The court having reviewed the

Petition and accompanying Affidavit of the Reporting Party or the Statement from the Law

Enforcement Officer, having received sworn testimony, and all other relevant evidence presented,

and being otherwise fully advised in the premises, hereby FINDS and ORDERS:

NOTICE AND JURISDICTION

On ______________________________, a notice of this hearing was served upon the Respondent

together with a copy of the ☐ Petition and ☐ a Temporary Extreme Risk Firearm Protection Order.

The court has jurisdiction of the parties and subject matter.

STIPULATION

□ The court accepted an agreed stipulation from the parties agreeing to entry of a One-Year

Extreme Risk Firearm Protection Order.

EVIDENCE AND FINDINGS

At the hearing, the court heard evidence regarding the Respondent. This evidence included:

☐ A recent act or threat of violence by the Respondent against self or others, regardless of

whether the act or threat involved a firearm;

☐ A pattern of acts or threats of violence by the Respondent within the past twelve months,

including acts or threats of violence against self or others;

☐ The Respondent’s mental health history;

☐ The Respondent’s use of controlled substances and/or alcohol;

☐ The Respondent’s previous violations of any court order;

☐ Previous extreme risk firearm protection orders issued against the Respondent;

☐ The Respondent’s criminal history, including arrests and convictions for violent felony

offenses, violent misdemeanor offenses, crimes involving domestic violence or stalking;

☐ The Respondent’s history of the use, attempted use or threatened use of physical violence

against another person; of stalking another person; or of cruelty to animals; and

☐ Any recent acquisition or attempts at acquisition of a firearm by the respondent.

In addition, the court considered other relevant evidence as follows:

______________________________________________________________________________

The court has considered whether a mental health evaluation or substance use evaluation is

appropriate. Based upon the facts established at this hearing, the court finds:

□ such an evaluation is not recommended at this time.

(OR)

□ the evidence supports a recommendation that the Respondent obtain:

□ a mental health evaluation.

□ a substance use evaluation.

Based upon these specific facts and evidence presented, the court finds, by a preponderance

of evidence, that 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.

For the foregoing reasons, the COURT HEREBY ORDERS:

THE RESPONDENT, ____________________________________, IS PROHIBITED

FROM HAVING IN THE RESPONDENT’S POSSESSION, CUSTODY OR CONTROL

ANY FIREARMS. THE RESPONDENT IS ALSO PROHIBITED FROM PURCHASING,

RECEIVING OR ATTEMPTING TO PURCHASE OR RECEIVE A FIREARM WHILE

THIS ORDER IS IN EFFECT.

EXPIRATION DATE OF ORDER

This Order shall remain in effect until _________________________________,

at __________ □ am □ pm.

This Order is a final order and Respondent may immediately appeal this Order.

RELINQUISHMENT OF FIREARMS

Upon being served with this One-Year Extreme Risk Firearm Protection Order, the

Respondent is ordered to relinquish (surrender) all firearms in the Respondent’s possession,

custody or control to a law enforcement agency, a law enforcement officer or a federal firearms

licensee (FFL):

□ immediately upon service of this Order;

□ _______________________________________________________________

(as directed by the court).

□ The court has received a Firearm Relinquishment Receipt indicating compliance by the

Respondent, who has already surrendered all firearms.

FAILURE TO RELINQUISH (SURRENDER) ALL 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.

TERMINATION OR EXTENSION OF ORDER

Notice to Petitioner: This One-Year Extreme Risk Firearm Protection Order will last until

the expiration date noted above. The Petitioner may request an extension of this Order at any time,

but not less than one month before the expiration of this Order by filing a Petition to Extend One-Year Extreme Risk Firearm Protection Order. An extension of this Order may be granted for one

additional year.

Notice to Respondent: You have the right to request a hearing to terminate this Order at

any time while this Order is in effect. You may seek the advice of an attorney as to any matter

connected with this Order.

IT IS SO ORDERED.

_____________________________________

District Court Judge

Issued this _________ day of _____________, ______ at __________ □ am □ pm

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Respondent □ Respondent's counsel on __________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Petitioner □ Petitioner's counsel on ______________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Reporting Party ___________________________ on ________________________.

name date

Signed

Title

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. __________________________

ORDER DENYING

ONE-YEAR EXTREME RISK FIREARM PROTECTION ORDER

THIS MATTER came before the court on a Petition for Extreme Risk Firearm Protection

Order and hearing on ______________________, 20_____. The court having reviewed the

Petition and accompanying Affidavit of the Reporting Party or the Statement from the Law

Enforcement Officer, and all other relevant evidence presented, and being otherwise fully advised

in the premises, hereby DENIES the Petition and DENIES the issuance of a One-Year Extreme

Risk Firearm Protection Order.

1. The court denies the issuance of a One-Year Extreme Risk Firearm Protection Order for

the following reasons: ______________________________________________________

________________________________________________________________________

2. Based on the foregoing, the court does not find 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 Respondent’s custody or control or by purchasing, possessing or

receiving a firearm.

Based on the foregoing IT IS HEREBY ORDERED that the Petition for Extreme Risk

Firearm Protection Order is DENIED.

IT IS FURTHER ORDERED that any firearms the Respondent relinquished in

accordance with a Temporary Extreme Risk Firearm Protection Order be returned to the

Respondent.

IT IS SO ORDERED.

____________________________________

District Court Judge

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Respondent □ Respondent's counsel on __________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Petitioner □ Petitioner's counsel on ______________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Reporting Party ___________________________ on ________________________.

name date

_____________________________________________

Signed

_____________________________________________

Title

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. ____________________

PETITION TO EXTEND ONE-YEAR EXTREME

RISK FIREARM PROTECTION ORDER

COMES NOW, the Petitioner, pursuant to the Extreme Risk Firearm Protection Order Act,

and hereby requests the court extend the One-Year Extreme Risk Firearm Protection Order in this

case for one (1) additional year, and as grounds alleges that:

SECTION I. ONE YEAR EXTREME FIREARM PROTECTION ORDER

INFORMATION

1. A One-Year Extreme Risk Firearm Protection Order was entered against the respondent on

______________________________.

2. The One-Year Extreme Risk Firearm Protection Order expires on ______________________.

SECTION II. PERSON WHO COMPLETED THE AFFIDAVIT OR STATEMENT

A. Reporting Party (Affidavit of Reporting Party attached as “Exhibit A”)

1. Reporting Party’s full name: _________________________________________________

2. Reporting Party’s relationship to Respondent: ___________________________________

The reporting party has completed Request to Omit the Reporting

Party’s Contact Information

☐ ADDRESS SEALED

3. Reporting Party’s address:

__________________________________________________________________________

street address

________________________________________ _____________ _________________

city state zip

B. Law Enforcement Officer (Law Enforcement Statement attached as “Exhibit A”)

1. Law enforcement officers full name: __________________________________________

2. Law enforcement agency name: _____________________________________________

3. Law enforcement officer’s agency address:

__________________________________________________________________________

street address

_______________________________________ _________________ ______________

city state zip

SECTION III. RESPONDENT

1. Respondent’s full legal name: ________________________________________________

2. Respondent’s date of birth: __________________________________________________

3. Respondent’s address:

___________________________________________________________________________

street address

________________________________________ _________________ _____________

city state zip

SECTION IV. BASIS FOR PETITION

In support of this petition, the undersigned Law Enforcement Officer swears and affirms that based

upon credible information in the attached Exhibit A (select one option)

☐ Affidavit of the Reporting Party or ☐ Statement from the Law Enforcement

Officer

there is probable cause to believe the Respondent continues to pose a significant danger of causing

imminent personal injury to self or others by having custody or control of a firearm or by

purchasing, possessing or receiving a firearm. The undersigned Law Enforcement Officer has

probable cause to believe the following factors, which occurred since the entry of the One-Year

Extreme Risk Firearm Protection Order on _________________________________, should be

considered by the court when determining whether to extend the One-Year Extreme Risk Firearm

Protection Order:

☐ A recent act or threat of violence by the Respondent against self or others, regardless

of whether the act or threat involved a firearm;

☐ A pattern of acts or threats of violence by the Respondent within the past twelve

months, including acts or threats of violence against self or others;

☐ The Respondent’s mental health history;

☐ The Respondent’s use of controlled substances or alcohol;

☐ The Respondent’s previous violations of any court order;

☐ Previous extreme risk firearm protection orders issued against the Respondent;

☐ The Respondent’s criminal history, including arrests and convictions for violent

felony offenses, violent misdemeanor offenses, crimes involving domestic violence or

stalking;

☐ The Respondent’s history of the use, attempted use or threatened use of physical

violence against another person; of stalking another person; or of cruelty to animals; and

☐ Any recent acquisition or attempts at acquisition of a firearm by the Respondent.

☐ Other considerations: ___________________________________________________

________________________________________________________________________

Respectfully submitted this_________ day of ___________________________, ____________.

day month year

______________________________________ ____________________________________

Signature of Petitioner Printed Name of Petitioner

_______________________________________ ____________________________________

Law Enforcement Agency Badge/CAID number

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on _____________________________ a copy of this Petition

to Extend One-Year Extreme Risk Firearm Protection Order was served on the Respondent by

________________________________________ at __________________________________

enter service method (U.S. Mail, personal service, etc.) street address

_____________________________________________________, ___________ ___________

city state zip

____________________________________

Signature of Petitioner

[Extreme Risk Firearm Protection Order

Act, NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. ____________________

ORDER DENYING PETITION TO EXTEND A ONE-YEAR EXTREME

RISK FIREARM PROTECTION ORDER

THIS MATTER comes before the court upon a Petition to Extend a One-Year Extreme

Risk Firearm Protection Order and hearing on ______________________, 20_____. The court

having reviewed the Petition and accompanying Affidavit of the Reporting Party or the Statement

from the Law Enforcement Officer, and all other relevant evidence presented, and being otherwise

fully advised in the premises, hereby DENIES the Petition to Extend the One-Year Extreme Risk

Firearm Protection Order.

1. The court denies the request to extend the One-Year Extreme Risk Firearm Protection Order

for the following reasons: ______________________________________________________

___________________________________________________________________________

2. Based on the foregoing, the court does not find by a preponderance of the evidence that

Respondent continues to pose 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.

IT IS FURTHER ORDERED that any firearms the Respondent relinquished in

accordance with a Temporary or One-Year Extreme Risk Firearm Protection Order be returned to

the Respondent, upon termination or expiration of the One-Year Extreme Risk Firearm Protection

Order on ________________________.

IT IS SO ORDERED.

____________________________________

District Court Judge

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Respondent □ Respondent's counsel on __________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Petitioner □ Petitioner's counsel on ______________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Reporting Party ___________________________ on _________________________.

name date

_____________________________________________

Signed

_____________________________________________

Title

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. ____________________

RESPONDENT’S MOTION TO TERMINATE A ONE-YEAR

EXTREME RISK FIREARM PROTECTION ORDER

1. I am the Respondent in this case.

2. I currently live at the following address:

________________________________________________________________________

street address

______________________________________________ __________ ___________

city state zip

3. My attorney's name, address, and telephone number are:

________________________________________________________________________

If you do not have an attorney, write "none”.

4. A One-Year Extreme Risk Firearm Protection Order was entered against me on

______________________________.

5. The One-Year Extreme Risk Firearm Protection Order expires on __________________.

6. I am requesting to terminate the One-Year Extreme Risk Firearm Protection Order for the

following reasons: ________________________________________________________

________________________________________________________________________

add another page if necessary

_________________________________ ______________________________

Signature of Respondent Date

_________________________________

Print Name of Respondent

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on ____________________________ a copy of this Request to

Terminate a One-Year Extreme Risk Firearm Protection Order was served on

□ Petitioner by __________________________________ at __________________________

enter service method (U.S. Mail, personal service, etc.) street address

___________________________________________, ____________________ ____________

city state zip

□ Petitioner’s Attorney by _______________________ at ___________________________

enter service method (U.S. Mail, personal service, etc.) street address

____________________________________________, ___________________ ____________

city state zip

____________________________________

Signature of Respondent

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. __________________________

ORDER ON RESPONDENT’S MOTION TO TERMINATE A ONE-YEAR

EXTREME RISK FIREARM PROTECTION ORDER

THIS MATTER comes before the court upon Respondent’s Motion to Terminate a One-Year Extreme Risk Firearm Protection Order issued on ______________________, 20_____. The

court having reviewed the Respondent’s motion and all other relevant evidence presented, and

being otherwise fully advised in the premises, hereby:

□ DENIES the Respondent’s Motion to Terminate the One-Year Extreme Risk Firearm

Protection Order. The court finds that the Respondent continues to pose a significant danger of

causing imminent personal injury to self or others by having in Respondent’s custody or control

or by purchasing, possessing or receiving a firearm. THE EXTREME RISK FIREARM

PROTECTION ORDER REMAINS IN EFFECT UNTIL ____________________ (date);

□ GRANTS the Respondent’s Motion to Terminate the One-Year Extreme Risk Firearm

Protection Order. The court finds that the Respondent no longer 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 EXTREME RISK FIREARM

PROTECTION ORDER IS HEREBY TERMINATED.

IT IS FURTHER ORDERED:

□ THE RESPONDENT CONTINUES TO BE PROHIBITED FROM HAVING IN THE

RESPONDENT’S POSSESSION, CUSTODY OR CONTROL ANY FIREARMS. THE

RESPONDENT IS ALSO PROHIBITED FROM PURCHASING, RECEIVING OR

ATTEMPTING TO PURCHASE OR RECEIVE A FIREARM WHILE THIS ORDER IS

IN EFFECT (select if Respondent’s Request to Terminate ERFPO is DENIED);

□ any firearms the Respondent relinquished in accordance with a Temporary or One-Year

Extreme Risk Firearm Protection Order be returned to the Respondent (select if Respondent’s Motion

to Terminate ERFPO is GRANTED).

IT IS SO ORDERED.

____________________________________

District Court Judge

Issued this day of, at □ am □ pm

day month year time

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Respondent □ Respondent's counsel on __________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Petitioner □ Petitioner's counsel on _____________________________________.

□ A copy of this Order was: □ hand delivered □ mailed □ faxed □ e-mailed

to: □ Reporting Party ___________________________ on ________________________.

name date

_____________________________________________

Signed

_____________________________________________

Title

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK

FIREARM PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. _________________________

REQUEST AND APPROVAL TO OMIT THE REPORTING PARTY’S CONTACT

INFORMATION ON DOCUMENTS FILED IN AN EXTRMEME RISK FIREARM

PROTECTION ORDER CASE

1. My full name: __________________________________________________________________

2. I am the Reporting Party and have completed an affidavit for law enforcement to file with the

petition for an Extreme Risk Firearm Protection Order against the above-named individual

(Respondent).

□ The respondent does not know my address and I do not want the respondent to see my

address and contact information.

If you do not want the Respondent to know your contact information,

you must let the court know how you would like to be contacted. DO

NOT include your contact information on any other court form, except

for this one.

3. My address: ____________________________________________________________________

street address

_______________________________________ ________________ _____________________

city state zip

4. My other contact information.

Primary Phone Number: (______) __________-________________  cell  work  message

Secondary Phone Number: (______) __________-_______________  cell  work  message

Email address: _________________________________________________________________

5. I would like the court to contact me (including receiving notice of court hearings and orders) at:

 the address I listed in paragraph 3 OR

 the following address:

______________________________________________________________________________

street address or P.O. Box

_________________________________________________ ______________ ___________

city state zip

• I am the Reporting Party and submitted an affidavit to law enforcement for an Extreme Risk

Firearm Protection Order petition.

• The respondent does not know my address or contact information and I do not want the

respondent to get this information.

• I ask that if my request is granted, all process and papers be served on me by delivering them

to the clerk of the court who shall serve me at my current address.

• I understand that if my contact information changes in the next year, I will file another form

like this one giving the court my new contact information.

VERIFICATION

I, the Reporting Party, affirm under penalty of perjury under the laws of the State of New Mexico

that I have a legitimate reason to omit my contact information from documents filed in the Extreme

Risk Firearm Protection Order case against _____________________________________________.

Respondent’s Name

______________________________________

Signature of Reporting Party

_______________________________________

Name of Reporting Party (please print)

APPROVAL

 The request of the Reporting Party is granted. The respondent shall serve all pleadings and

other papers required to be served by filing them with the clerk who will note on the pleading or

papers the date and manner of service. The clerk shall promptly serve such pleadings and papers on

the Reporting Party, noting in the court file the date and manner of service upon Reporting Party.

 The request of the Reporting Party is denied. The Reporting Party shall provide their address

on all documents where required.

_____________________________________________

District Judge

_____________________________________________

Date

[Extreme Risk Firearm Protection Order Act,

NMSA 1978, Sections 40-17-1 to -13]

STATE OF NEW MEXICO

COUNTY OF

JUDICIAL DISTRICT

IN THE MATTER OF AN EXTREME RISK FIREARM

PROTECTION ORDER

FOR

_______________________________ (RESPONDENT)

No. _________________________

ERFPO FIREARM RELINQUISHMENT RECEIPT FORM

1. Respondent’s Information – Person Subject to an Extreme Risk Firearm Protection Order (ERFPO)

Name: _____________________________________________________________________________

Mailing Address: _____________________________________________________________________

City: ____________________________________ State: _____________ Zip: _________________

Email: _____________________________________________________________________________

RESPONDENT: The Court has ordered you to LAW ENFORCEMENT: The Court has ordered the

immediately relinquish all firearms in your possession, Respondent in the above listed ERFPO to immediately

custody or control. You must deliver your unloaded relinquish all firearms in their possession, custody or

firearms to either a law enforcement officer, who will control. If firearms have been relinquished to law

complete section 2, or to a federal firearms licensee, enforcement, complete sections 2 and 4 of this form. Once

who will complete section 3. You must immediately file completed, you must immediately file this form with the

this completed form with the Court to prove that you Court to confirm the respondent’s compliance with the

have obeyed the Court’s order. Court’s order.

2. To Be Completed by Law Enforcement 3. To Be Completed by Firearms Dealer

 make sure to sign on page 2  make sure to sign on page 2

Fill out sections 2 and 4 of this form. You must Fill out sections 3 and 4 of this form. Keep a copy of this

immediately file this form with the Court to confirm form and give the original to the person who turned in the

the respondent’s compliance with the Court’s firearm(s).

relinquishment order.

The firearm(s) listed in section 4 were:

The firearm(s) listed in section 4 were turned in on: □ sold to me □ transferred to me for storage on:

___________________ at __________ □ am □ pm ___________________ at __________ □ am □ pm

date time date time

Name of Law Enforcement Agency: To:________________________________________

Name of Federal Firearms Licensee (FFL) – Please Print

_______________________________________

Please Print Licensee number: ___________________________

4. List of Firearms

MAKE MODEL SERIAL NUMBER Initials - Person

Accepting Firearms

10.

□ Check this box if m ore than ten (10) firearms were turned in, sold, or stored. Attach another sheet to this form

that lists the make, model, serial number and the initials of the person accepting firearms.

I declare under penalty of perjury under the laws of the State of New Mexico that I took possession of a total

of ______________ firearm(s) belonging to the respondent subject to the ERFPO.

number

____________________________________ ___________________________________________

Name – Please Print Signature of Law Enforcement or FFL

Location where respondent may later retrieve firearms upon the expiration or termination of the ERFPO:

Street address: _______________________________________________________________________

City: _____________________________________ State: _____________ Zip: ___________________

Provenance

Source: supremecourt.nmcourts.gov
Retrieved: 2026-09-30
Edition: 2026-09-30
Content hash: c74f67699c28f3783d1f3ff1c6a4f2ef10e018a7b4dc4b882df99afe557f08bf

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