House votes 41-27 to approve bill expanding NM's red flag gun law

SANTA FE — Five years after it was first approved, New Mexico’s red flag gun law could be expanded under legislation advancing at the Roundhouse.

The House voted 41-27 on Tuesday to approve a bill making several changes to the law, which allows firearms to be temporarily seized from individuals deemed to pose a danger to themselves or others.

The red flag gun law has divided New Mexico law enforcement officials since its approval in 2020.

Most New Mexico sheriffs fiercely opposed the law when it was enacted and vowed not to enforce it, arguing it violated individuals’ constitutional rights.

But many law enforcement agencies have since grown comfortable with the law, and several top New Mexico State Police officers joined bill sponsors on the House floor on Tuesday as expert witnesses.

Rep. Art De La Cruz, D-Albuquerque, pushed back during the debate against Republican questions about rogue law enforcement officers possibly abusing their expanded authority under the bill.

“I feel dismayed that we feel confidence in our law enforcement when it’s convenient, and not so much confidence when it’s not convenient,” De La Cruz said.

But GOP representatives brought up fundamental concerns about the law, while also seeking unsuccessfully to amend the proposed legislation.

Rep. Stefani Lord, R-Sandia Park, pointed out during Tuesday’s debate the state does not allow vehicles to be seized from individuals receiving treatment for alcohol addiction.

“We do not allow due process (with this law) before someone’s property is taken from them,” Lord said.

Specifically, the bill approved Tuesday, House Bill 12, would clarify that law enforcement officers can directly initiate a court petition — instead of waiting for someone else to contact them.

Under the current law, spouses, parents, children and employers are among the parties who are able to ask law enforcement agencies to file a court petition.

The legislation would also require that firearms be relinquished immediately upon a judge’s order, instead of within 48 hours.

Backers said that change would eliminate a potentially dangerous waiting period created by the original law, which Rep. Christine Chandler, D-Los Alamos, described as “illogical.”

The red flag gun law, officially known as the Extreme Risk Firearm Protection Order Act, was approved by lawmakers after several years of debate at the Roundhouse.

The law was used sparingly in the two years following its enactment. But utilization of the law increased over the last two years as law enforcement officers have received more training on its workings.

Statewide, the number of temporary firearm seizure petitions filed by law enforcement agencies has jumped from three petitions in 2021 to 90 petitions last year, according to bill sponsors.

Currently, New Mexico is one of 21 states that have adopted red flag gun laws, according to Everytown for Gun Safety, a national group that has pushed for gun safety laws.

The Tuesday vote in the House of Representatives broke down largely along party lines, as Rep. Joseph Sanchez of Alcalde was the only Democrat to vote against the measure. All House Republicans also voted in opposition.

The bill now advances to the Senate with just over three weeks left in this year’s 60-day legislative session.