N.M. Stat. § 40-17-12
Extreme risk firearm protection order; reporting of orders;
availability of data.
A. The clerk of the court shall provide a copy of a one-year extreme risk firearm
protection order or temporary extreme risk firearm protection order issued pursuant to
the Extreme Risk Firearm Protection Order Act to any law enforcement agency
designated to provide information to the national instant criminal background check
system.
B. The clerk of the court shall forward a copy of any order issued, renewed or
terminated pursuant to the Extreme Risk Firearm Protection Order Act to the petitioner
and to the law enforcement agency specified in Subsection A of this section.
C. Upon receipt of a copy of a one-year extreme risk firearm protection order or
temporary extreme risk firearm protection order, the law enforcement agency specified
in Subsection A of this section shall enter the order into:
(1)
the national instant criminal background check system;
(2)
all federal or state computer-based systems and databases used by law
enforcement or others to identify prohibited purchasers of firearms; and
(3)
all computer-based criminal intelligence information systems and
databases available in this state used by law enforcement agencies.
D. An extreme risk firearm protection order shall remain in each state system for the
period stated in the order. Entry into the computer-based criminal intelligence
information system constitutes notice to all law enforcement agencies of the existence
of the order. The extreme risk firearm protection order shall be fully enforceable in any
county, city or town in the state.
E. Upon the expiration of or upon receiving notice of the termination of an extreme
risk firearm protection order issued pursuant to the Extreme Risk Firearm Protection
Order Act, the law enforcement agency specified in Subsection A of this section shall
promptly remove the order from any state computer-based system into which it was
entered pursuant to Subsection C of this section and shall notify the national instant
criminal background check system and all federal computer-based systems and
databases used by law enforcement or others to identify prohibited purchasers of
firearms.
F. Following the expiration or termination of an order issued pursuant to the
Extreme Risk Firearm Protection Order Act and upon written request, the law
enforcement agency specified in Subsection A of this section shall provide a sworn
affidavit to the respondent affirming that the information contained within the order has
been removed from all state databases and systems identified in Subsection C of this
section and any other state databases into which information about the order was
entered and that the law enforcement agency has notified the national instant criminal
background check system and all federal computer-based systems and databases used
by law enforcement or others to identify prohibited purchasers of firearms. The affidavit
shall be provided to the respondent within five days of the receipt of the request.
G. If any extreme risk firearm protection order is terminated before its expiration
date, the clerk of the court shall forward a copy of the termination order to the office of
the attorney general and the petitioner.
H. Aggregate statistical data indicating the number of extreme risk firearm protection
orders issued, renewed, denied or terminated shall be maintained by the issuing court
and the administrative office of the courts and shall be available to the public upon
request.