A bill that seeks to expand New Mexico’s fledgling red flag gun laws has been bumped from this year’s 60-day legislative session by more pressing priorities, according to local reports.
Calling the bill’s demise in this year’s session a “calendar management problem,” Ely told the outlet he hopes to revive House Bill 193 next year.
Current law allows police to apply for an extreme-risk protection order (ERPO) only at the request of specified “reporting parties”—people who have a closer relationship with the individual being targeted for firearms confiscation, such as spouses or employers. Filing of such a petition must also be based on police being presented with credible evidence that a person poses a significant danger of causing imminent personal injury to themselves or to others by having access to a firearm.
“House Bill 193 is an amendment to the red flag firearms surrender law that would allow a police officer to petition for an extreme risk protective order directly and to confiscate any firearms discovered when serving the order,” the organization said. “Keep in mind that no crime has to be committed, or alleged to have been committed, for the order to be issued.”
The current red flag law went into effect in May 2020, after being signed into law by New Mexico Gov. Michelle Lujan Grisham, a Democrat.
One of the bill’s co-sponsors, Rep. Joy Garratt, argued for the adoption of extreme-risk protection orders as a suicide-reduction measure, noting that New Mexico’s suicide rate is at least 50 percent higher than the national rate and that suicides make up around 70 percent of all firearm deaths.
“We don’t work for the governor. We don’t work for the Legislature,” Cibola County Sheriff Tony Mace told The New Mexican. “We have discretion to use whichever laws we want.”
The NRA-ILA has also criticized the red flag law.
“New Mexico’s ERPO law has been a failure, as has every gun-control law passed in New Mexico,” the organization said. “No one has been made safer as anti-gun lawmakers, elected with the support of billionaire gun control financier Michael Bloomberg, have rushed to trample on New Mexicans’ civil liberties with little or no due process. This law should not be expanded, it should be repealed.”
The Administrative Office of the Courts confirmed Tuesday that a total of four petitions for extreme risk firearm protection orders had been filed through January in Eddy, Santa Fe, Taos, and San Juan counties.