Form 9-810. Motion to restore right to possess or receive a firearm or ammunition.

[For use with Section 34-9-19 NMSA 1978] STATE OF NEW MEXICO COUNTY OF _______________ ________________ JUDICIAL DISTRICT STATE OF NEW MEXICO, v. No. ___________ _______________________________, Defendant. MOTION TO RESTORE RIGHT TO POSSESS OR RECEIVE A FIREARM OR AMMUNITION I, ____________________ (name), am the defendant in this proceeding and state as follows: 1. On _______________ (date), I was notified that I am subject to the firearm and ammunition prohibitions set forth in 18 U.S.C. § 922(g)(4) as a result of the following (select one): [ ] Finding of incompetent to stand trial. [ ] Finding of not guilty by reason of insanity at the time of the offense. 2. The Court entered the finding identified in Paragraph 1, above, in this case. [ ] YES (required) I have attached a copy of the finding to this motion. 3. I request that this Court restore my right to possess or receive a firearm or ammunition, including my right to be eligible for a concealed handgun license. 4. I have not filed a Motion To Restore Right To Possess or Receive a Firearm or Ammunition within the past two (2) years. 5. I request that this Court schedule a hearing to consider whether my rights should be restored under Section 34-9-19(E) NMSA 1978.1 WHEREFORE, I ask the Court to grant this motion and for any other relief that the Court deems proper. Respectfully submitted, ________________________________ Signature of Defendant ________________________________ Name of Defendant (print) ________________________________ ________________________________ Mailing address ________________________________ Telephone number VERIFICATION I, the Defendant, affirm under penalty of perjury under the laws of the State of New Mexico the following: (A) I am the defendant in the above-entitled cause; (B) I have read the motion to restore right to possess or receive a firearm or ammunition; (C) The contents of the motion are true and correct to the best of my information and belief; and (D) I understand the following: (1) If the Court sets a hearing on the motion, I must offer evidence of the following when I come to Court: (a) The circumstances regarding the firearm disabilities from which I am seeking relief; (b) My mental health records and criminal history records, if any (It is my responsibility to provide these records); (c) My reputation, which must be supported, at the very least, by a person who can come to the hearing to testify about my character; a sworn, written statement by a person familiar with my character; or by other character evidence; and (d) Changes in my condition or circumstances since the finding identified in Paragraph 1 of this motion was entered; (2) The evidence described above will be used to determine whether I am likely to act in a manner dangerous to public safety and whether restoring my right to possess or receive a firearm or ammunition is contrary to the public interest; and (3) After I file this motion with the court, I must mail or hand-deliver a court- stamped copy to the Office of the Attorney General and to all parties to the proceeding that resulted in the order identified in Paragraph 1 of this motion.2 ________________________________ Date ________________________________ Defendant