HOUSE BILL 67
57th legislature - STATE OF NEW MEXICO - second session, 2026
INTRODUCED BY
Joy Garratt
AN ACT
RELATING TO DOMESTIC AFFAIRS; AMENDING THE FAMILY VIOLENCE PROTECTION ACT; REQUIRING ALL ORDERS OF PROTECTION TO REQUIRE A RESTRAINED PARTY TO RELINQUISH FIREARMS OR REFRAIN FROM POSSESSING FIREARMS; REQUIRING A RESTRAINED PARTY TO RELINQUISH FIREARMS IMMEDIATELY UPON SERVICE OF AN ORDER OF PROTECTION; ALLOWING A COURT TO ORDER AN ALTERNATIVE TIME OR METHOD FOR THE RELINQUISHMENT OF A FIREARM; MAKING CONFORMING AMENDMENTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
SECTION 1. Section 40-13-5 NMSA 1978 (being Laws 1987, Chapter 286, Section 5, as amended) is amended to read:
"40-13-5. ORDER OF PROTECTION--CONTENTS--REMEDIES--TITLE TO PROPERTY NOT AFFECTED--MUTUAL ORDER OF PROTECTION.--
A. Upon finding that domestic abuse has occurred or upon stipulation of the parties, the court shall enter an order of protection ordering the restrained party to:
(1) refrain from abusing the protected party or any other household member; [and]
(2) [if the order is issued pursuant to this section and if the court also determines that the restrained party presents a credible threat to the physical safety of the household member after the restrained party has received notice and had an opportunity to be heard or by stipulation of the parties to (a)] deliver any firearm in the restrained party's possession, care, custody or control to a law enforcement agency, law enforcement officer or federal firearms licensee while the order of protection is in effect; and
[(b)] (3) refrain from purchasing, receiving, or possessing or attempting to purchase, receive or possess any firearm while the order of protection is in effect.
B. [In] An order of protection entered pursuant to Subsection A of this section [the court] shall specifically describe the acts that the court [has ordered] orders the restrained party to do or refrain from doing. As a part of [any] an order of protection, the court may:
(1) grant sole possession of the residence or household to the protected party during the period the order of protection is effective or order the restrained party to provide temporary suitable alternative housing for the protected party and any children to whom the restrained party owes a legal obligation of support;
(2) if applicable, award temporary custody of [any] children [involved when appropriate] and provide for visitation rights, child support and temporary support for the protected party on a basis that gives primary consideration to the safety of the protected party and the children;
(3) order that the restrained party shall not initiate contact with the protected party;
(4) restrain a party from transferring, concealing, encumbering or otherwise disposing of the other party's property or the joint property of the parties except in the usual course of business or for the necessities of life and require the parties to account to the court for all such transferences, encumbrances and expenditures made after the order is served or communicated to the restrained party;
(5) order the restrained party to reimburse the protected party or any other household member for expenses reasonably related to the occurrence of domestic abuse, including [medical] expenses for medical treatment, counseling, [expenses, the expense of seeking] temporary shelter, [expenses for] the replacement or repair of damaged property or [the expense of] lost wages;
(6) order the restrained party to participate in, at the restrained party's expense, professional counseling programs deemed appropriate by the court, including counseling programs for perpetrators of domestic abuse, alcohol abuse or abuse of controlled substances; and
(7) order other injunctive relief [as] that the court deems necessary for the protection of a party, including orders to law enforcement agencies as provided by this section.
C. The order of protection shall contain notice that violation of any provision of the order of protection is a violation of state law and that federal law, 18 U.S.C. 922, et seq., prohibits possession of firearms by certain persons and conform with the other requirements of Subsection D of Section 40-13-13 NMSA 1978.
D. If the order of protection supersedes or alters prior orders of the court [pertaining to] regarding domestic matters between the parties, the order shall [say so] expressly provide for the supersession on its face. If an action relating to child custody or child support is pending or has concluded with entry of an order at the time the petition for an order of protection [was] is filed, the court may enter an initial order of protection, but the portion of the order [dealing with] regarding child custody or child support [will then] shall be transferred to the court that has [or continues to have] jurisdiction over the pending or prior custody or support action.
E. A mutual order of protection shall be issued only in cases where both parties have petitioned the court and the court makes detailed findings of fact indicating that both parties acted primarily as aggressors and that neither party acted primarily in self-defense.
F. [No] An order issued under the Family Violence Protection Act shall not affect title to any property or allow a party to transfer, conceal, encumber or otherwise dispose of another party's property or the joint or community property of the parties.
G. Either party may request a review hearing to amend an order of protection. An order of protection involving child custody or support may be modified without proof of a substantial or material change of circumstances.
H. An order of protection shall not be issued unless a petition or a counter petition has been filed."
SECTION 2. Section 40-13-13 NMSA 1978 (being Laws 2019, Chapter 253, Section 4) is amended to read:
"40-13-13. RELINQUISHMENT OF FIREARMS--PENALTY.--
A. [After the court has issued notice that the restrained party is subject to the provisions of Paragraph (2) of Subsection A of Section 40-13-5 NMSA 1978, the] Upon service of an order of protection, a restrained party shall immediately relinquish all firearms in the restrained party's [immediate] possession or control or subject to the restrained party's possession or control in a safe manner to a law enforcement officer, a law enforcement agency or federal firearms licensee; [within forty-eight hours of service of the order] provided that a court may otherwise direct the relinquishment of the restrained party's firearms.
B. A law enforcement officer or law enforcement agency shall take possession of all firearms [subject to the order of protection] that are relinquished by the restrained party pursuant to an order of protection or that are [in plain sight or are discovered] seized pursuant to a lawful search.
C. A law enforcement officer, [or] law enforcement agency or federal firearms licensee that takes temporary possession of a firearm pursuant to this section shall:
(1) prepare a receipt identifying all firearms [that have been] relinquished or [taken] seized;
(2) provide a copy of the receipt to the restrained party;
(3) provide a copy of the receipt to the petitioner within seventy-two hours of taking possession of the firearm;
(4) file the original receipt with the court that issued the order of protection within seventy-two hours of taking possession of the firearm; and
(5) [ensure that the law enforcement agency retains] retain a copy of the receipt.
D. An order of protection issued pursuant to Section 40-13-5 NMSA 1978 shall include:
(1) a statement that the restrained party shall not purchase, receive, transport, possess or have custody or control of a firearm while the order of protection is in effect;
(2) a description of the requirements for the relinquishment of firearms as provided in this section;
(3) a statement that within seventy-two hours of the issuance of the order of protection the restrained party [must] shall file with the court issuing the order:
(a) a receipt identifying all firearms that have been relinquished [or taken by] to a law enforcement officer, [or] law enforcement agency or federal firearms licensee or seized by a law enforcement officer or law enforcement agency; or
(b) a declaration of non-relinquishment;
(4) the expiration date of relinquishment;
(5) the address of the court that issued the order of protection; and
(6) a statement that violation of any provision of the order of protection is a violation of state law and that federal law, 18 U.S.C. 922, et seq., prohibits the possession of firearms by certain persons.
E. If [the respondent] a restrained party is present at the hearing on the order of protection, the court shall provide the [respondent] restrained party with a receipt form to identify all firearms [to be surrendered] subject to relinquishment or, if the [respondent] restrained party has no firearms to relinquish, a declaration of non-relinquishment. The court shall accept the completed form or declaration from the [respondent] restrained party for immediate filing.
F. Evidence establishing ownership or possession of a firearm that is created or gathered pursuant to this section shall not be admissible as evidence in [any] a criminal proceeding.
G. If a person who was a restrained party becomes eligible to possess firearms, the law enforcement agency or federal firearms licensee with custody of a [surrendered] relinquished or seized firearm shall make the firearm available to [a formerly restrained party] the person within three business days of [receipt of] receiving a request from [a formerly restrained party who is then currently eligible to own and possess a firearm] the party.
H. A [formerly] person who was a restrained party [who has surrendered or had firearms taken by a law enforcement officer or law enforcement agency pursuant to this section] whose firearm was relinquished or seized and who does not [wish] want the firearm returned or [who is no longer eligible] otherwise remains ineligible to possess a firearm may sell or transfer the firearm to a federal firearms licensee; [The] provided that a law enforcement agency shall not release the firearm to [a] the federal firearms licensee until:
(1) the federal firearms licensee has displayed proof that the [formerly restrained] party has transferred the firearm to the licensee; and
(2) the law enforcement agency has verified the transfer with the [formerly restrained] party.
I. After an order of protection issued pursuant to Section 40-13-5 NMSA 1978 expires or is otherwise not in effect, a law enforcement agency holding a firearm relinquished pursuant to [this section] the order may dispose of the firearm after twelve months from the date [of proper] notice [to the formerly restrained party] of the agency's intent to dispose of the firearm [unless another person claiming to be the lawful owner presents written proof of ownership] is given to the owner. If the firearm remains unclaimed after twelve months from the date of notice, no [party] person shall [assert ownership] claim the firearm and the law enforcement agency may dispose of the firearm. For the purposes of this subsection:
(1) "dispose" means to destroy a firearm or sell or transfer the firearm to a federal firearms licensee; and
(2) "owner" means a person who was a restrained party or another person who claims lawful ownership of a firearm and provides a law enforcement agency with written proof of that ownership.
J. The provisions of this section shall not be interpreted to require a federal firearms licensee to purchase or accept possession of a firearm from a restrained party.
K. The administrative office of the courts
shall develop a standard receipt form and declaration of
non-relinquishment form for use [under] pursuant to this section."
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