2-06-2025 7:47pm

Proposed Extreme Risk Firearm Protection Order Changes Proposed

Chris Edwards Editor

New Mexico legislators considering enhancing the existing Red Flag Law vis HB12. As of 2024, 21 states and the District of Columbia have red flag laws also known as the Extreme Risk Firearm Protection Order (ERFPO) Act. These laws temporarily prevents people who are a danger to themselves or others from accessing firearms.

States are increasingly looking to Extreme Risk laws as a helpful tool for preventing potential violence; yet, when it comes to the use of these laws, there is immense state-to-state variation. For instance, in 2023 the number of ERPOs filed in Florida per 100,000 people was over 9 times Delaware’s rate and over 5 times Colorado’s rate. Some states used this proactive, lifesaving tool multiple times per day in 2023 (including California, Connecticut, Maryland, and New York). Other states (see table below) had fewer than one petition filed per month.

Furthermore, within states, there is significant variation in uptake, with some counties filing many ERPOs, and others filing few or none at all. This is evident in states with relatively low overall rates of ERPO usage like Nevada, where only 41 percent of counties report ever having filed an ERPO. It is also true in states with relatively high overall rates of ERPO usage. In Washington state, just two counties were responsible for over 71 percent of the total ERPOs filed in the state in 2023, despite these counties accounting for only 40 percent of the population.

The New Mexico legislature is now considering enhancing the existing act via HB12.

In committee votes as expected extemist Block and Lord voted against but it passed the committee with a recommendation of do pass the bill enhancement...

It passed the judiciary committee by a 7 to 4 vote...

The bill amends the Extreme Risk Firearm Protection Order Act to enhance the authority of law enforcement officers in filing petitions for extreme risk firearm protection orders. It allows officers to file a petition based on credible information they collect while performing their official duties, in addition to information provided by a reporting party. The bill also specifies the contents required in the petition, including details about the respondent and the circumstances under which the information was gathered. This change aims to streamline the process for law enforcement to act on potential threats posed by individuals who may possess firearms.

Additionally, the bill mandates that respondents must relinquish their firearms immediately upon service of an extreme risk firearm protection order, rather than within a specified timeframe. This change emphasizes the urgency of addressing potential dangers posed by individuals who are subject to such orders. The bill includes conforming amendments to ensure clarity and consistency in the legal language surrounding the relinquishment of firearms and the filing of petitions.

Court data shows at least 160 petitions have been filed throughout the state since the law was first enacted back in 2020 but enhancements are needed per proponents. However, there are different court interpretations of the law and whether or not law enforcement officers are allowed to file the petitions. Assistant Attorney general Jenn Vickery said this:

“The [Second Judicial District Court] which is Albuquerque, Bernalillo County, the judges there are already allowing law enforcement to file petitions. But … in the First Judicial Dsitrict in Santa Fe, a district court judge said a law enforcement officer wasn’t listed as a reporting party, so they denied the petition. So we’re seeing confusion in the judicial system where some judges mean who can be a reporting party.”

With respect to removing the current 48-hour confiscation period and allowing law enforcement to confiscate those guns immediately, Rep. Christina Chandler said this: .

“There’s a concern there that a person who might have been thinking about doing some dangerous things, either themselves or others, would use that 48 hours to achieve that end. So that they wanted to be able to just take the guns immediately, as more clearly in the statute.”

The link to the quoted or relied upon news source is here:

https://www.kob.com/new-mexico/proposal-to-expand-red-flag-law-heads-to-house-floor/

The biggest criticisms against “red flag” laws by individuals such as Re. John Block are that they potentially violate a person’s US Constitution Second amendment rights to bear arms. Another major criticism is that a person’s constitutional right of due process of law is violated when a court can issue a temporary “ex parte” order to seize guns from people without an evidentiary hearing and without any notice. (NOTE: An “ex parte” order is a court order granted against a person not present at the hearing and at the request of and for the benefit of another party.)

https://gunsandamerica.org/story/19/08/05/what-is-a-red-flag-law/

New Mexico had the nation’s third-highest gun death rate as of 2022, behind only Mississippi and Louisiana, and gun-related hospital emergency department visits in the Albuquerque metro area increased by 22% over a recent two-year period.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from 3 petitions in 2021 to 90 petitions last year, said Rep. Joy Garratt, D-Albuquerque. Of those 90 petitions, 86 were ultimately granted by a judge, she added.

However, the number of gun-related homicides and suicides in New Mexico decreased in 2023 compared to the previous year, according to data from the state’s Office of the Medical Investigator.

The link to the quoted or relied upon news source is here:

https://www.abqjournal.com/news/article_a6c921f4-ddb9-11ef-ab74-8762b08ef83d.html

https://www.abqjournal.com/news/article_f70c71a8-d449-11ef-b059-d7bb40f5b874.html?fbclid=IwY2xjawIHrOlleHRuA2FlbQIxMQABHSowa_mASp4_O9v3fSgu74qZ_ITfv1E1yS5pYHkbueJZ0-Zi7HWVEy18Gg_aem_5Z0wuLwnLWUjHxxv2iJoRg#tncms-source=home-featured-7-block

HB12 now moves to the house floor for a debate and a vote. Gov. Michelle Lujan Grisham issued the following statement afterHouse Bill 12, Extreme Risk Firearm Protection Order (ERPO) Changes, cleared the House Judiciary Committee in a 7-4 vote on Wednesday:

“By eliminating the 48-hour waiting period and requiring immediate firearm relinquishment, we’ll better protect our law enforcement officers and our communities. This revision to existing law closes a dangerous gap that puts lives at risk. I commend the House Judiciary Committee for their swift action on this legislation, and I strongly urge both chambers to act with the same sense of urgency this issue demands.”

House Bill 12 makes two significant amendments to the Extreme Risk Firearm Protection Order (ERPO) Act. First, it eliminates ambiguity by explicitly authorizing police officers to file petitions. Second, it removes the current 48-hour waiting period for firearm relinquishment after an order is received, addressing concerns that this delay could create unnecessary risks and hamper effective response to potential dangers. Stay tuned...