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Legal Information: New Mexico

State Gun Laws

Updated: 
February 28, 2020

I have a temporary protection order against the abuser. Can his/her gun be taken away?

Maybe, but not likely.  New Mexico law does not prohibit an abuser who has a temporary protection order against him/her from possessing a firearm.  

Under federal law, it could still be legal for him/her to have a gun if the judge gave you an ex parte temporary protection order (which means that no advance notice was given to the abuser), which is commonly done.  However, if the judge scheduled a court hearing and gave notice of the hearing to the abuser before giving you the temporary protection order, it is possible that it is illegal for him/her to have a gun under federal law.  The protective order must also meet certain other requirements, though.  Read I have a final order of protection against the abuser. Can his/her gun be taken away? (in our Federal Gun Laws section) to find out more.