Vetoed by Governor Susana Martinez

Vote Smart's Synopsis:

Vote to pass a bill with an amendment which authorizes the court to issue an order of protection prohibiting individuals restrained in cases of domestic abuse from possessing or purchasing firearms.

Highlights:

• Prohibits any individual restrained in cases of domestic abuse from possessing or purchasing firearms (Sec. 2).

• Requires the restrained party to relinquish all firearms to an authorized recipient, a neutral third party, or a federally licensed firearms dealer on or before the business day following the service of the order of protection (Sec. 3)

• Requires restrained party to verify with the court or law-enforcement agency that issued the restraining order that the firearms were given to a neutral third party within one business day following the relinquishment (Sec. 3).

• Defines an “order of protection” as an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse (Sec. 1).

• Defines a “neutral third party” as a person who has completed a background check, is not prohibited by law from purchasing or possessing a firearm, and does not reside with the restrained party (Sec. 1).

• Specifies that the following may be considered an act of domestic abuse (Sec. 1):

• Stalking, harassing, or committing sexual assault whether committed by a household member or not;

• Physical or emotional harm against another household member; or

• Criminal trespassing or causing criminal property damage.

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill which authorizes the court to issue an order of protection prohibiting individuals restrained in cases of domestic abuse from possessing or purchasing firearms.

Highlights:

• Prohibits any individual restrained in cases of domestic abuse from possessing or purchasing firearms (Sec. 2).

• Requires the restrained party to relinquish all firearms to an authorized recipient, a neutral third party, or a federally licensed firearms dealer on or before the business day following the service of the order of protection (Sec. 3)

• Requires restrained party to verify with the court or law-enforcement agency that issued the restraining order that the firearms were given to a neutral third party within one business day following the relinquishment (Sec. 3).

• Defines an “order of protection” as an injunction or a restraining or other court order granted for the protection of a victim of domestic abuse (Sec. 1).

• Defines a “neutral third party” as a person who has completed a background check, is not prohibited by law from purchasing or possessing a firearm, and does not reside with the restrained party (Sec. 1).

• Specifies that the following may be considered an act of domestic abuse (Sec. 1):

• Stalking, harassing, or committing sexual assault whether committed by a household member or not;

• Physical or emotional harm against another household member; or

• Criminal trespassing or causing criminal property damage.

Full Bill Text