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WeVote Research Nonpartisan
Bill Summary · HB 67

Legislative bill overview

HB 67 would establish a legal mechanism for courts to issue restraining orders that temporarily restrict firearm possession by individuals deemed to pose a risk of harm to themselves or others. The bill creates a process through which law enforcement, healthcare providers, or family members can petition courts for these "extreme risk protection orders" (ERPOs), commonly known as red flag laws.

Why is this important

Extreme risk protection orders represent a policy approach to suicide and violence prevention that operates between background checks and involuntary hospitalization. New Mexico currently lacks this specific legal tool, making this bill relevant to ongoing debates about balancing public safety with mental health intervention and due process protections.

Potential points of contention

  • Second Amendment concerns: Opponents argue that temporarily removing firearms without criminal conviction raises constitutional questions about property rights and the scope of judicial authority
  • Due process protections: Disagreement over what evidentiary standards should apply, whether respondents receive notice before initial orders, and what appeal procedures exist
  • Implementation scope: Questions about which entities can petition (police only vs. medical professionals vs. family members), what evidence triggers orders, and how long restrictions last

Compiled from official sources — confirm details with the bill’s official record.

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