Extreme-risk protection order legislation clears Senate
“If we have in front of us the means to save even one life, the life of one of our neighbors, a member of our extended New Mexico family, we must take it up. With Senate Bill 5, we do, and we are.
“The senators voting yes today showed courage and backbone. All of New Mexico owes them thanks for standing up to be part of the solution – and for standing against misinformation and fear. I particularly want to thank Senator Cervantes for his leadership.
“Every single suicide, every single gun death in our state is preventable. If we accept that fact, and we recognize the status quo as unacceptable, we must act. An extreme-risk protection order is yet another tool for public safety officers in our state. This legislation strikes the proper balance. It is necessary. And it will save lives. I look forward to working with members of the House and our terrific co-sponsors there, Representative Ely and Representative Garratt, to assure it reaches my desk.”
Extreme-risk protection orders, a mechanism for enhancing public safety and reducing the risk of mass gun violence, have already been enacted in 17 states and the District of Columbia. They have been enacted by both Republican- and Democratic-led states and have been endorsed as necessary by national politicians of both parties, including President Donald Trump.
Senate Bill 5 – co-sponsored by Sen. Joseph Cervantes, Rep. Daymon Ely and Rep. Joy Garratt – has been amended to tighten the scope of the temporary firearm removal mechanism, permitting only law enforcement to petition a judge for an emergency order.
Petitions for emergency orders would be made under oath and accompanied by a sworn affidavit explaining why the petitioner believes the order is needed. Upon determining probable cause, the district judge would issue an emergency order.