2023 New Mexico Statutes › Chapter 40 - Domestic Affairs › Article 17 - Extreme Risk Firearm Protection Order › 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.
History:
Laws 2020, ch. 5, § 2.
ANNOTATIONS
Effective dates.
— Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature.
"Reporting party" construed.
— The plain language of the Extreme Risk Firearm Protection Order Act (Act), 40-17-1 to 40-17-13 NMSA 1978, shows that a "reporting party" is a person who requests that a law enforcement officer file a petition for an extreme risk firearm protection order, and the term "reporting party" includes, but is not limited to, those types of individuals specified in Subsection D of this section. The use of the word "includes" in the definition of "reporting party", to connect a general clause to a list of enumerated examples demonstrates a legislative intent to provide an incomplete list of examples. Moreover, an expansive interpretation of the term "reporting party" is consistent with the broad purpose of the act, which is to protect the public from those individuals who, through their potential operation of a firearm, pose an extreme risk to public health.
Extreme Risk Firearm Protection Order Act
(8/20/21), Att'y Gen. Adv. Ltr. 2021-08.