The 2025 New Mexico legislative session saw the passage of House Bill 12, a measure strengthening the state’s Red Flag Gun Law. The bill modifies the Extreme Risk Firearm Protection Order (ERFPO) Act, expanding the ability of law enforcement officers to file petitions for firearm removal based on information gathered in the line of duty. It also mandates the immediate surrender of firearms upon service of an ERFPO.
Democratic Representatives Joy Garratt, Christine Chandler, Katy M. Duhigg, and Heather Berghmans sponsored the legislation, with strong support from Miranda Viscoli, executive director of New Mexicans to Prevent Gun Violence. Opponents, including Republican Senator Anthony Thornton, voiced concerns about the bill’s constitutionality, with Thornton telling KOAT News that he believes the measure infringes on gun rights.
Also Read – Senate Finance Committee Passes State Budget, Next Steps Await
Republican Chairwoman Amy Barela also criticized the legislation, claiming it undermines due process. She stated, “HB 12 allows firearms to be confiscated before the accused can defend themselves in court against false allegations.” Other vocal opponents included Otero County Commissioner Couy Block and state Senators Paul and Townsend.
Additional Crime Bills Moving Forward
In the final days of the session, lawmakers also pushed forward several crime-related bills backed by Governor Michelle Lujan Grisham:
- Senate Bill 253 – Imposes harsher sentences for convicted felons caught in possession of firearms.
- Senate Bill 166 – Expands the definitions of “danger to self” and “danger to others” under the state’s involuntary commitment laws.
- House Bill 86 – Strengthens laws against human trafficking, eliminating time limitations for prosecution and increasing the timeframe for legal action to 18 months.
- House Bill 103 – Increases penalties for individuals convicted of aggravated battery against peace officers.
As debate continues over the balance between public safety and constitutional rights, these measures mark a significant shift in New Mexico’s approach to firearm regulation and criminal justice .
