N.M. R. Civ. P. Dist. Ct. 1-131
N.M. R. Civ. P. Dist. Ct. 1-131
Committee commentary. - Enacted in 2016, NMSA 1978, Section 34-9-19(C) requires the Administrative Office of the Courts to notify a person who has been "adjudicated as a mental defective" or "committed to a mental institution" that the person "is disabled pursuant to federal law from receiving or possessing a firearm or ammunition." Federal law declares it a crime for a person who has been "adjudicated as a mental defective" or "committed to a mental institution" to, among other things, receive or possess a firearm or ammunition. See 18 U.S.C. § 922(g)(4) ("It shall be unlawful for any person . . . who has been adjudicated as a mental defective or who has been committed to a mental institution . . . to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.").
The terms "adjudicated as a mental defective" and "committed to a mental institution" are defined under federal regulation and New Mexico law as follows:
Adjudicated as a mental defective.
(a) A determination by a court, board, commission, or other lawful authority that a person, as a result of marked subnormal intelligence, or mental illness, incompetency, condition, or disease:
(1) is a danger to himself or to others; or
(2) Lacks the mental capacity to contract or manage his own affairs.
Committed to a mental institution. A formal commitment of a person to a mental institution by a court, board, commission, or other lawful authority. The term includes a commitment to a mental institution voluntarily. The term includes commitment for mental defectiveness or mental illness. It also includes commitments for other reasons, such as for drug use. The term does not include a person in a mental institution for observation or a voluntary admission to a mental institution.
27 C.F.R. § 478.11; NMSA 1978, § 34-9-19(M) ("[T]he terms "adjudicated as a mental defective" and "committed to a mental institution" have the same meaning as those terms are defined in federal regulations at 27 C.F.R. Section 478.11. . . .").
Paragraph A of this rule prescribes the notice that must be given under Section 34-9-19(C) to a person who has been "adjudicated as a mental defective" or "committed to a mental institution." See also Form 4-940 NMRA (Notice of federal restriction on right to possess or receive a firearm or ammunition). Paragraph B identifies the types of orders in a civil proceeding that require the prescribed notice because the orders may include one or more findings that substantially align with the federal definition of "adjudicated as a mental defective" or "committed to a mental institution." The orders listed in Subparagraphs (B)(3) and (4) necessarily include such a finding and therefore require notice in every case. However, the orders listed in Subparagraphs (B)(1), (2), and (5) may be issued without a finding or combination of findings that satisfies either definition. The rule therefore clarifies that notice is required under Subparagraphs (B)(1), (2), and (5) only when the order includes a specific finding that, taken with other findings that are statutorily required, ensures that the order substantially aligns with one of the federal definitions.
[Provisionally approved by Supreme Court Order No. 16-8300-003, effective for all orders issued on or after May 18, 2016; Supreme Court Order No. 17-8300-003, withdrawing amendments provisionally approved by Supreme Court Order No. 16-8300-003, effective retroactively to May 18, 2016, and approving new amendments, effective for all orders filed on or after March 31, 2017.]
ANNOTATIONS The 2017 amendment, approved by Supreme Court Order No. 17-8300-003, effective March 31, 2017, clarified the notice provisions for persons who are prohibited under federal law from receiving or possessing a firearm or ammunition as provided in 18 U.S.C. § 922(g)(4) to correspond with Section 34-9-19 NMSA 1978, clarified the types of orders that require the notice provided in Paragraph A to align with federal definitions, removed from the list of orders requiring the notice provided in Paragraph A an order appointing a treatment guardian under Section 43-1-15 NMSA 1978, and revised the committee commentary; in Paragraph A, in the introductory sentence, deleted "The court shall provide written notice to a" and added "A", after "Paragraph B of this rule", deleted "that" and added "shall be given written notice of the following:"; added the subparagraph designation "(1)", in Subparagraph A(1), after "firearm or ammunition", added "as provided by 18 U.S.C. § 922(g)(4) ", added the subparagraph designation "(2)"; in Subparagraph A(2), after the subparagraph designation, deleted "The notice shall further state that" and added "The Administrative Office of the Courts is required under Section 34-9-19(B) NMSA 1978 to report information about", after "the person's", deleted "identifying information will be transmitted" and added "identity", and after "Criminal Background Check System", added "and"; and added new Subparagraph A(3); in Paragraph B, in the introductory sentence, after "The", added "written", after "this rule shall be", deleted "in the form substantially approved by the Supreme Court and shall be attached to" and added "included in or made a part of", and after "the following", added "orders"; in Subparagraph B(1), after "An order appointing a", added "full or plenary", and after "for an adult", added "that includes a finding that the person is totally incapacitated"; in Subparagraph B(2), after "An order appointing a", added "full or plenary", and after "for an adult", added "that includes a finding that the person is totally incapacitated"; deleted Subparagraph B(4) and redesignated Subparagraphs B(5) and B(6) as Subparagraphs B(4) and B(5) respectively; in Subparagraph B(4), after "Section", deleted "27-7-24" and added "27-7-26"; and in Subparagraph B(5), after "outpatient treatment", deleted "under Chapter 84 of New Mexico Laws of 2016" and added "that includes a finding of serious violent behavior or of threatened or attempted serious physical harm under Section 43-1B-3(C)(2) NMSA 1978".