Rule 1-131. Notice of federal restriction on right to possess or receive a firearm or ammunition.

A. Notice required. A person who is the subject of an order set forth in Paragraph B of this rule shall be given written notice of the following: (1) The person is prohibited under federal law from receiving or possessing a firearm or ammunition as provided by 18 U.S.C. § 922(g)(4); (2) The Administrative Office of the Courts is required under Section 34-9- 19(B) NMSA 1978 to report information about the person’s identity to the Federal Bureau of Investigation for entry into the National Instant Criminal Background Check System; and (3) The person may petition the court as provided in Section 34-9-19 NMSA 1978 to restore the person’s right to possess or receive a firearm or ammunition and to remove the person’s name from the National Instant Criminal Background Check System. B. Orders requiring notice. The written notice required under Paragraph A of this rule shall be included in or made a part of the following orders: (1) An order appointing a full or plenary guardian for an adult that includes a finding that the person is totally incapacitated under Section 45-5-304(C) NMSA 1978; (2) An order appointing a full or plenary conservator for an adult that includes a finding that the person is totally incapacitated under Section 45-5-407(I) NMSA 1978; (3) An order of commitment under Sections 43-1-11, -12, or -13 NMSA 1978; (4) An order for involuntary protective services or protective placement under Section 27-7-26 NMSA 1978; and (5) An order to participate in assisted outpatient treatment that includes a finding of serious violent behavior or of threatened or attempted serious physical harm under Section 43-1B-3(C)(2) NMSA 1978. [Provisionally approved by Supreme Court Order No. 16-8300-003, effective for all orders issued on or after May 18, 2016; Supreme Court Order No. 17-8300-003, withdrawing amendments provisionally approved by Supreme Court Order No. 16-8300- 003, effective retroactively to May 18, 2016, and approving new amendments, effective for all orders filed on or after March 31, 2017.]