Senate approves changes to NM's red flag gun law, sending bill to governor's desk

SANTA FE — A bill expanding New Mexico’s red flag gun law is headed to Gov. Michelle Lujan Grisham’s desk after being approved Monday by the state Senate.

Senators voted 23-15 along party lines to approve the bill, which is expected to be signed into law by the governor.

The legislation, House Bill 12, would mark the first major change to the 2020 law that allows firearms to temporarily be taken away from those deemed a danger to themselves or others.

Specifically, the bill would allow law enforcement officers to 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.

Sen. Katy Duhigg, D-Albuquerque, said the changes would make the law more effective and could prevent future murders and suicides.

“When people are in crisis and not making good decisions ... access to firearms can be very dangerous,” Duhigg said during Monday’s debate.

But Republican senators raised concerns the law could be misused by law enforcement officers, and that seized firearms could end up being lost or damaged.

“I don’t like this bill,” said Sen. Candy Spence Ezzell, R-Roswell. “I think it lacks clarity.”

The red flag gun law, officially known as the Extreme Risk Firearm Protection Order Act, was approved by lawmakers in 2020 after several years of heated debate at the Roundhouse that pitted most of New Mexico’s county sheriffs and GOP lawmakers against gun safety advocates and most Democrats.

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 96 petitions last year. Of those 96 petitions, more than half were filed in Bernalillo County.

During the first two months of this year, 17 such petitions have already been granted while one has been denied, according to state judicial branch data.

New Mexico is currently one of 21 states with a red flag gun law on its books. Under the law, extreme risk protection orders can lead to firearms being seized for up to one year.

If signed by Lujan Grisham, the bill making changes to the state law would take effect June 20.