New Mexico HB 87 - Domestic Violence and Firearm Possession
Crossposted with permission from StopGunMadness.org
Establishing policies and requirements regarding law enforcement response to domestic violence incidents to enhance the safety of domestic violence victims, families, and officers.
To authorize the Attorney General to make grants to States and units of local government to implement statutes, rules, policies, or procedures to authorize courts to issue relinquishment orders with respect to individuals charged with or convicted of a crime of domestic violence, or subject to a domestic violence protective order, and for other purposes.
Revises prohibition on sale or transfer of firearms to persons convicted of misdemeanor domestic violence offenses; prohibits persons convicted of misdemeanor offense of domestic violence from possessing firearm or ammunition; requires persons convicted of misdemeanor offenses of domestic violence to surrender all firearms & ammunition; provides requirements for law enforcement officers carrying out court order & taking possession of firearms & ammunition; requires all law enforcement agencies to develop certain policies & procedures; authorizes defendant to elect to transfer all firearms & ammunitions that he or she owns to another person; provides criminal penalties.
Domestic violence offenses; firearm transfers
Protective orders; issuance upon convictions for certain felonies; penalty.
Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Establishes the safe homes act authorizing law enforcement to remove firearms found on the premises where there has been a report of domestic violence.
Surrender of firearms for domestic violence crimes.
Modifies provisions relating to domestic violence offenders
Modifies the offense of unlawful possession of a firearm.