Legal Information: New Mexico

State Gun Laws

April 23, 2021

I have a protection order against the abuser. Can s/he keep a gun or buy a new gun?

Under New Mexico law, it is a crime for a person who is subject to an order of protection to have a gun.1 Additionally, a judge can make the abuser turn over his/her guns if an order of protection is issued after a hearing that the abuser had notice of. The judge can only order that the abuser’s guns have to be turned over if s/he believes that the abuser is a “credible threat” to the safety of the protected person. In those cases, the abuser has to give the guns to law enforcement or to someone with a federal firearms license.2

Federal law also prohibits the respondent in a qualifying protection order from having a gun - go to the Federal Gun Laws page to get more information.

1 N.M.S.A. § 30-7-16(A)(2)
2 N.M.S.A. § 40-13-5(A)(2)

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