Rule 5-615. Notice of federal restriction on right to receive or possess 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 notice required under Paragraph A of this rule shall be included in or made a part of an order, (1) that was issued after a hearing (a) of which the defendant received actual notice; and (b) at which the defendant had an opportunity to participate with the assistance of counsel; and (2) that finds the defendant, (a) incompetent to stand trial; or (b) not guilty by reason of insanity at the time of the offense. [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.]