Rule 1-131.Notice of federal restriction on right to possess or receive a firearm or ammunition
Last amended March 31, 2017 · Last verified June 26, 2026
Full Text of Rule 1-131
Rule History
[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.]
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.]
Plain-English Summary
This rule implements federal firearm-disability notice. A person subject to a covered order must be given written notice that federal law prohibits them from receiving or possessing a firearm or ammunition under 18 U.S.C. § 922(g)(4), that the Administrative Office of the Courts must report their identity to the FBI for the National Instant Criminal Background Check System, and that they may petition under Section 34-9-19 to restore the right and remove their name from the system.
The notice must be included in or made part of specified orders: an order appointing a full or plenary guardian or conservator with a finding of total incapacity, an order of commitment, an order for involuntary protective services or placement, and an assisted-outpatient-treatment order with a finding of serious violent behavior or threatened serious harm. As the committee commentary explains, some of these orders require the notice only when they include the specific finding that aligns with the federal definitions.
Frequently Asked Questions
Which orders must include the federal firearm-restriction notice?
Orders appointing a full guardian or conservator with a total-incapacity finding, commitment orders, involuntary protective-services or placement orders, and certain assisted-outpatient-treatment orders.
Can the firearm right be restored?
Yes. The notice must inform the person that they may petition the court under Section 34-9-19 to restore the right and remove their name from the National Instant Criminal Background Check System.