Red Flag Law and Weapon Limits in New Mexico
Whether New Mexico has a red flag (extreme risk) law and any limits on assault weapons or magazine capacity.
Short answer: Yes — Extreme Risk Firearm Protection Order Act (2020). A petition 'shall be filed only by a law enforcement officer employed by a law enforcement agency' (by the district attorney or attorney general if the respondent is a law enforcement officer). NMSA 1978, §§ 40-17-2, 40-17-5, 40-17-8, 40-17-10 (Laws 2020, ch. 5; Laws 2025, ch. 17)
| Red flag law | Yes — Extreme Risk Firearm Protection Order Act (2020). A petition 'shall be filed only by a law enforcement officer employed by a law enforcement agency' (by the district attorney or attorney general if the respondent is a law enforcement officer). An officer must file on credible information from a 'reporting party' — a spouse, former spouse, parent, stepparent, parent-in-law, grandparent, grandparent-in-law, co-parent of a child, child, a person in a continuing personal relationship with the respondent, an employer, or a public or private school administrator — and since 2025 may also file on credible information the officer collected 'while carrying out the officer's official duties.' After a hearing the court may issue a one-year order ('granted for up to one year'); the petitioner may seek extensions, and 'Each extension of the order shall not exceed one year.' The respondent must relinquish firearms 'immediately upon service of the order or as directed by the court.' Checked against the compiled Extreme Risk Firearm Protection Order Act (Chapter 40, Article 17) on nmonesource.com on 2026-10-27; quoted terms matched. 'granted for up to one year' is in § 40-17-2(F); the reporting-party list in § 40-17-2(H) has not been amended since Laws 2020, ch. 5. 2025 HB 12: https://www.nmlegis.gov/Sessions/25%20Regular/final/HB0012.pdf |
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| Assault weapons and magazine limits | New Mexico has no state law that bans assault weapons or limits magazine capacity. Since 2025, knowingly possessing or transporting an unlawfully obtained 'weapon conversion device' (a part designed and intended to convert a semiautomatic weapon into a fully automatic weapon) is a third degree felony. Reviewed NMSA 1978, Chapter 30, Article 7 (Weapons and Explosives, §§ 30-7-1 to 30-7-22) on 2026-10-27; no provision found. A keyword search of all of Chapter 30 for 'assault weapon', 'magazine' and 'semiautomatic' found no capacity or assault-weapon rule. 2026 SB 17 (Stop Illegal Gun Trade Act) is shown as 'Died' on nmlegis.gov and is not law. |
More New Mexico gun laws
- Concealed Carry in New Mexico
- Open Carry in New Mexico
- Buying a Gun in New Mexico
- All New Mexico gun laws rules
FAQ
Does New Mexico have a red flag law?
Yes — Extreme Risk Firearm Protection Order Act (2020). A petition 'shall be filed only by a law enforcement officer employed by a law enforcement agency' (by the district attorney or attorney general if the respondent is a law enforcement officer). An officer must file on credible information from a 'reporting party' — a spouse, former spouse, parent, stepparent, parent-in-law, grandparent, grandparent-in-law, co-parent of a child, child, a person in a continuing personal relationship with the respondent, an employer, or a public or private school administrator — and since 2025 may also file on credible information the officer collected 'while carrying out the officer's official duties.' After a hearing the court may issue a one-year order ('granted for up to one year'); the petitioner may seek extensions, and 'Each extension of the order shall not exceed one year.' The respondent must relinquish firearms 'immediately upon service of the order or as directed by the court.'
Does New Mexico ban assault weapons or high-capacity magazines?
New Mexico has no state law that bans assault weapons or limits magazine capacity. Since 2025, knowingly possessing or transporting an unlawfully obtained 'weapon conversion device' (a part designed and intended to convert a semiautomatic weapon into a fully automatic weapon) is a third degree felony.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.