Governor creates task force to promote red flag gun law

Aug. 26—SANTA FE — With New Mexico's red flag gun law being used infrequently in its first two years since enactment, Gov. Michelle Lujan Grisham on Friday ordered the creation of a task force to educate law enforcement officers about the law and increase public awareness.

Under an executive order signed by the Democratic governor, a seven-member task force led by state Public Safety Secretary Jason Bowie will also be instructed to compile an annual report about use of the law that allows firearms to temporarily be taken away from those deemed a danger to themselves or others.

As of this summer, only nine petitions had been filed statewide for court orders allowing gun seizures, according to data provided by the state Administrative Office of the Courts. And just six of those nine cases resulted in one-year orders being approved.

The Governor's Office has defended the law, despite its infrequent usage, but a spokeswoman said in June that amendments could be made in order to make it easier for petitions to be filed.

"Extreme risk protection orders are an effective, nationally proven tool to prevent gun violence and protect New Mexicans," Lujan Grisham said in a Friday statement. "This task force will ensure stakeholders across the state have the information and tools they need to successfully and proactively address threats of gun violence, and prevent harm in New Mexico communities."

The 2020 bill, technically known as the Extreme Risk Firearm Protection Order Act, was passed after a bruising debate that pitted gun control advocates and top state Democrats against Republicans and most county sheriffs statewide.

Some sheriffs have balked at enforcing the red flag gun law, arguing it violates individuals' due process rights and does not work as intended. But the law has not been challenged in court.

Under New Mexico's law, only a law enforcement officer or a prosecutor can file a petition in state court for an order to prohibit someone from possessing firearms.

The petitions can be filed on request from a spouse, ex-spouse, parent, child, grandparent, school administrator or employer, but those individuals cannot file petitions directly.

If a temporary 10-day order is granted, a hearing is then held to determine whether the order should be made permanent for a year. Such permanent orders can then be extended for an additional year if a motion is filed before it expires.

New Mexico's firearm fatality rate was the seventh-highest in the United States as of 2020, and nearly double the national average. In addition, data from the Johns Hopkins Center for Gun Violence Solutions shows 69% of New Mexico homicides in 2020 were firearm-related and 59% of suicides were caused by guns.