New Mexico has taken significant steps in recent years to strengthen its gun safety legislation, particularly concerning domestic violence. In 2019, landmark legislation was passed to restrict firearm access for individuals convicted of domestic violence crimes or subject to domestic violence restraining orders. These changes represent a crucial effort to protect vulnerable individuals and reduce gun violence within the state. This article delves into the specifics of these New Mexico Gun Laws, outlining who is prohibited from possessing firearms and under what circumstances, as well as highlighting existing gaps in the legislation.
Domestic Violence Convictions and Firearm Restrictions
As of July 1, 2019, New Mexico law explicitly prohibits individuals convicted of certain domestic violence offenses from accessing firearms. This includes convictions for battery against a household member, criminal damage to a household member’s property, and criminally stalking any person, regardless of their relationship to the victim. The law also extends to any other misdemeanor crime of domestic violence that qualifies as a firearm-prohibiting offense under federal law. This provision ensures that New Mexico law aligns with federal regulations in preventing domestic abusers from possessing guns.
Close-up of a handgun, symbolizing gun control and domestic violence prevention
It’s important to note that New Mexico’s definition of “household member” is broad, encompassing family members and dating partners, regardless of whether they have lived together. This inclusive definition strengthens protections for victims in various relationship dynamics.
Furthermore, New Mexico law imposes a ten-year firearm restriction on individuals after they have completed a sentence or probation period for any felony conviction. This measure, while not exclusively focused on domestic violence, encompasses domestic violence-related felonies, adding another layer of gun control in the state.
Domestic Violence Restraining Orders and Firearm Restrictions
New Mexico law also addresses firearm access for individuals subject to domestic violence protective orders. Since July 1, 2019, individuals under certain domestic violence protective orders issued after notice and a hearing are prohibited from accessing firearms if the court determines they pose a credible threat.
When issuing a domestic violence protective order, New Mexico courts are mandated to order the respondent to refrain from purchasing, receiving, or possessing firearms for the duration of the order. This mandate is activated when the respondent has been notified and given the opportunity for a hearing, and if the court concludes that the respondent presents “a credible threat to the physical safety of the household member.”
In cases where a credible threat is established, the court must also order the respondent to surrender any firearms in their possession or control. These firearms must be delivered to a law enforcement agency, officer, or federal firearms licensee within 48 hours of receiving the protective order.
Law enforcement officers serving protective orders are instructed to take possession of firearms surrendered by the respondent, those in plain sight, or discovered during a lawful search. A receipt detailing the recovered firearms must be filed with the court that issued the order, with copies provided to the respondent and the petitioner for the protective order.
Within 72 hours of the domestic violence protective order issuance, the respondent is required to file with the court either the firearm receipt or a “declaration of non-relinquishment,” affirming their compliance or lack thereof.
Remaining Gaps in New Mexico’s Domestic Violence Gun Laws
While New Mexico has made significant progress in strengthening its domestic violence and firearm laws, some gaps remain. Notably, current new mexico gun laws generally do not:
- Prohibit firearm possession for individuals subject to ex parte domestic violence protective orders (orders issued without prior notice to the respondent).
- Extend firearm restrictions to ammunition access for individuals subject to state domestic violence firearm prohibitions, unlike federal law.
- Mandate proof of firearm relinquishment from individuals convicted of domestic violence crimes.
- Directly require courts to issue search warrants for firearm removal in cases where there is probable cause to believe illegal firearm possession by individuals under domestic violence protective orders or with domestic violence convictions.
- Expressly authorize or require firearm or ammunition removal at the scene of a domestic violence incident.
These identified gaps represent areas for potential future legislative action to further enhance gun safety and protect victims of domestic violence in New Mexico. Addressing these gaps would bring New Mexico’s laws closer to comprehensive gun violence prevention strategies.
