N.M. Stat. § 40-17-2

Current through 2024, ch. 69

Section 40-17-2 - Definitions

As used in the Extreme Risk Firearm Protection Order Act:

A. "court" means the district court in the county in which the respondent resides;

B. "extreme risk firearm protection order" means either a temporary extreme risk firearm protection order or a one-year extreme risk firearm protection order granted pursuant to the Extreme Risk Firearm Protection Order Act;

C. "firearm" means any weapon that is designed to expel a projectile by an explosion or the frame or receiver of any such weapon;

D. "law enforcement agency" means the police department of any city or town, the sheriff's office of any county, the New Mexico state police and a district attorney's office in the state and the office of the attorney general;

E. "law enforcement officer" means a public official or public officer vested by law with the power to maintain order, to make arrests for crime or to detain persons suspected of committing a crime, whether that duty extends to all crimes or is limited to specific crimes and includes an attorney employed by a district attorney or the attorney general;

F. "one-year extreme risk firearm protection order" means an extreme risk firearm protection order granted for up to one year following a hearing pursuant to the provisions of Section 7 [40-17-7 NMSA 1978] of the Extreme Risk Firearm Protection Order Act;

G. "petitioner" means a law enforcement officer who files an extreme risk firearm protection order petition;

H. "reporting party" means a person who requests that a law enforcement officer file a petition for an extreme risk firearm protection order and includes a spouse, former spouse, parent, present or former stepparent, present or former parent-in-law, grandparent, grandparent-in-law, co-parent of a child, child, person with whom a respondent has or had a continuing personal relationship, employer or public or private school administrator;

I. "respondent" means the person identified in or subject to an extreme risk firearm protection order petition; and

J. "temporary extreme risk firearm protection order" means an extreme risk firearm protection order issued prior to a hearing pursuant to the provisions of Section 6 [40-17-6 NMSA 1978] of the Extreme Risk Firearm Protection Order Act.

NMS § 40-17-2

Laws 2020, ch. 5, § 2.