A reporting party who requests that a petitioner seek an extreme risk firearm protection order shall not be required to bear the cost of:A. the filing, issuance or service of a petition for an extreme risk firearm protection order;B. the filing, issuance or service of a warrant;C. the filing, issuance or service of a witness subpoena;D. service of an extreme risk firearm protection order;E. obtaining law enforcement reports or photographs or copies of photographs relating to the allegations in the petition; orF. any cost associated with the confiscation, storage or destruction of a firearm.History: Laws 2020, ch. 5, § 3. ANNOTATIONSEffective dates. — Laws 2020, ch. 5 contained no effective date provision, but, pursuant to N.M. Const., art. IV, § 23, was effective May 20, 2020, 90 days after adjournment of the legislature. 'Reporting party' construed. — The plain language of the Extreme Risk Firearm Protection Order Act (act), 40-17-1 to 40-17-13 NMSA 1978, shows that a 'reporting party' as used in this section, is a person who requests that a law enforcement officer file a petition for an extreme risk firearm protection order, and the term 'reporting party' includes, but is not rty' as used in this section, is a person who requests that a law enforcement officer file a petition for an extreme risk firearm protection order, and the term 'reporting party' includes, but is not limited to, those types of individuals specified in 40-17-3(D) NMSA 1978. The use of the word 'includes' in the definition of 'reporting party' to connect a general clause to a list of enumerated examples demonstrates a legislative intent to provide an incomplete list of examples. Moreover, an expansive interpretation of the term 'reporting party' is consistent with the broad purpose of the act, which is to protect the public from those individuals who, through their potential operation of a firearm, pose an extreme risk to public health. Extreme Risk Firearm Protection Order Act (8/20/21), Att'y Gen. Adv. Ltr. 2021-08.
New Mexico Legal Code