Relinquishment of firearms.

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A. A respondent who receives a temporary or one-year extreme risk firearm protection order shall relinquish all firearms in the respondent's possession, custody or control or subject to the respondent's possession, custody or control in a safe manner to a law enforcement officer, a law enforcement agency or a federal firearms licensee within forty-eight hours of service of the order or sooner at the discretion of the court.

B. A law enforcement officer, 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;

(2) provide a copy of the receipt to the respondent;

(3) provide a copy of the receipt to the petitioner within seventy-two hours of taking possession of the firearms;

(4) file the original receipt with the court that issued the temporary or one-year extreme risk firearm protection order within seventy-two hours of taking possession of the firearms; and

(5) ensure that the law enforcement agency retains a copy of the receipt.

History: Laws 2020, ch. 5, § 10.

ANNOTATIONS

Effective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.


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