In determining whether grounds for any extreme risk firearm protection order exist, the court shall consider, at a minimum, the following:
A. any recent act or threat of violence by the respondent against self or others, regardless of whether the act or threat involved a firearm;
B. a pattern of acts or threats of violence by the respondent within the past twelve months, including acts or threats of violence against self or others;
C. the respondent's mental health history;
D. the respondent's abuse of controlled substances or alcohol;
E. the respondent's previous violations of any court order;
F. previous extreme risk firearm protection orders issued against the respondent;
G. the respondent's criminal history, including arrests and convictions for violent felony offenses, violent misdemeanor offenses, crimes involving domestic violence or stalking;
H. the respondent's history of the use, attempted use or threatened use of physical violence against another person; of stalking another person; or of cruelty to animals; and
I. any recent acquisition or attempts at acquisition of a firearm by the respondent.
History: Laws 2020, ch. 5, § 7.
ANNOTATIONSEffective 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.