New Mexico Gun Laws & Firearms Safety Practice Exam

Does New Mexico have a 'red flag' law that allows courts to temporarily remove firearms from individuals considered a danger to themselves or others?

1. Yes

2. No

3. Only in specific cities

4. Only after a felony conviction

The correct answer is: Yes

New Mexico does have a 'red flag' law, officially known as the "Emergency Risk Protection Order" (ERPO) law, which allows courts to temporarily remove firearms from individuals who are deemed to be a danger to themselves or others. This law is intended to prevent potential harm by enabling family members or law enforcement to petition the court for an order that denies access to firearms for individuals exhibiting behaviors indicating a risk. Under this law, if a court finds sufficient evidence that an individual poses a significant threat, the court can issue a temporary order to confiscate their firearms for a specified period. This process is aimed at enhancing community safety while providing due process for the affected individual. The law reflects a growing trend in various states to address gun violence through preventative measures. The other choices do not accurately capture the overall application and scope of New Mexico's red flag law. For example, the idea that it is only applicable in specific cities would misrepresent its statewide enactment, and suggesting it only applies after a felony conviction ignores the broader preventative objective it serves.