The New Mexico Senate on Friday approved the Extreme Risk Protection Order Act, which would allow firearms to be temporarily seized from dangerous persons, by a vote of 22-20.
Under the legislation, law enforcement officers would be able to petition for a court order to take away a person’s firearms for 10 days before a hearing could be held for a one-year extreme risk firearm protection order if there is probable cause to believe that the person poses a significant danger of causing imminent personal injury to self or others.
Any person who fails to comply with either the temporary extreme risk firearm protection order or a one-year extreme risk firearm protection order would be guilty of a misdemeanor. Any firearm relinquished would be returned to the person within 10 days following the expiration or termination of an extreme risk firearm protection order after a national criminal background check.
The bill is now pending the House’s approval.