Form 4-1010 NMRA
Form 4-1010. Petition to extend one-year extreme risk firearm protection order.
[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’s full date of birth)
No. _________________________
PETITION TO EXTEND ONE-YEAR EXTREME
RISK FIREARM PROTECTION ORDER
COMES NOW, the Petitioner, under the Extreme Risk Firearm Protection Order Act,
NMSA 1978, Sections 40-17-1 to -13, 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 ____________________________ (date).
2.
The One-Year Extreme Risk Firearm Protection Order expires on
_________________________ (date).
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 officer’s 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 on 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 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
_________________________________ (date), 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 Respondent against self or others, regardless
of whether the act or threat involved a firearm;
☐ A pattern of acts or threats of violence by Respondent within the past twelve (12)
months, including acts or threats of violence against self or others;
☐ Respondent’s mental health history;
☐ Respondent’s use of controlled substances or alcohol;
☐ Respondent’s previous violations of any court order;
☐ Previous extreme risk firearm protection orders issued against Respondent;
☐ Respondent’s criminal history, including arrests and convictions for violent felony
offenses, violent misdemeanor offenses, crimes involving domestic violence or
stalking;
☐ 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 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 _____________________________ (date) a copy of
this Petition to Extend One-Year Extreme Risk Firearm Protection Order was personally
served on Respondent at
______________________________________________________________________
street address
_____________________________________, _____________ _________________
city
state
zip
____________________________________
Signature of Petitioner