RESTRAINING ORDERS & FIREARMS

HB0067

HOUSE BILL 67

57th legislature - STATE OF NEW MEXICO - second session, 2026

INTRODUCED BY

Joy Garratt
and
Micaelita Debbie O’Malley

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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