N.M. Stat. § 40-17-13
Extreme risk firearm protection orders; firearms return;
disposition.
A. Any firearm relinquished in accordance with the Extreme Risk Firearm Protection
Order Act shall be returned to the respondent within ten days following the expiration or
termination of an extreme risk firearm protection order.
B. A respondent shall not be required to acquire any court order granting the return
of relinquished firearms.
C. The law enforcement agency in possession of the firearms shall conduct a
national criminal records check and shall return the firearms if the agency determines
that the respondent is not prohibited from possessing firearms pursuant to state or
federal law.
D. Upon written request of the respondent, the law enforcement agency storing a
firearm shall transfer possession of the respondent's firearm to a federally licensed
firearms dealer or lawful private party purchaser designated by the respondent;
provided that the transfer is the result of a sale, that the transferee is the actual owner of
the firearm thereafter and, except in the case of a federally licensed firearms dealer, the
law enforcement agency has conducted a national criminal records check and
determined that the transferee is not prohibited from possessing a firearm pursuant to
state or federal law.
E. No fee shall be charged for background checks required pursuant to Subsections
C and D of this section.
F. The law enforcement agency transferring possession of a firearm to a transferee
shall notify the transferee that it is unlawful to transfer or return the firearm to the
respondent while the extreme risk firearm protection order is in effect. A transferee who
violates this subsection is guilty of a misdemeanor and may be punished pursuant to
Section 31-19-1 NMSA 1978.