Last updated: 9/13/2018
Motion To Restore Firearm Possession {4-941}
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Description
4-941. Motion to restore right to possess or receive a firearm or ammunition. [For use with Section 34-9-19 NMSA 1978]STATE OF NEW MEXICOCOUNTY OF JUDICIAL DISTRICTIn the matter of , No. Respondent.MOTION TO RESTORE RIGHT TO POSSESS OR RECEIVE A FIREARM OR AMMUNITION1I, (name), am the Respondent in this proceeding and state asfollows:1.On (date), I was notified that I am subject to the firearm andammunition prohibitions set forth in 18 U.S.C. 247 922(g)(4) as a result of the following order(select one):[ ]Order appointing a full or plenary guardian that includes a finding of totalincapacitation. [ ]Order appointing a full or plenary conservator that includes a finding of totalincapacitation.[ ]Order for involuntary commitment.[ ]Order for involuntary protective services or protective placement.[ ]Order for assisted outpatient treatment that includes a finding of serious violentbehavior or of threatened or attempted serious physical harm.2.The Court entered the order identified in Paragraph 1, above, in this case. [ ]YES (required)I have attached a copy of the order to this motion.3.I request that this Court restore my right to possess or receive a firearm orammunition, including my right to be eligible for a concealed handgun license. 4.I have not filed a Motion To Restore Right To Possess or Receive a Firearm orAmmunition within the past two (2) years.5.I request that this Court schedule a hearing to consider whether my rights shouldbe restored under Section 34-9-19(E) NMSA 1978.2 WHEREFORE, I ask the Court to grant this motion and for any other relief that the Courtdeems proper. American LegalNet, Inc. www.FormsWorkFlow.com Respectfully submitted,Signature of RespondentName of Respondent (print)Mailing addressTelephone numberVERIFICATIONI, the Respondent, affirm under penalty of perjury under the laws of the State of NewMexico the following: (A)I am the respondent in the above-entitled cause; (B)I have read the motion to restore right to possess or receive a firearm orammunition; (C)The contents of the motion are true and correct to the best of my information andbelief; and(D)I understand the following:(1)If the Court sets a hearing on the motion, I must offer evidence of thefollowing when I come to Court:(a)The circumstances regarding the firearm disabilities from which Iam seeking relief; (b)My mental health records and criminal history records, if any (It ismy responsibility to provide these records);(c)My reputation, which must be supported, at the very least, by aperson who can come to the hearing to testify about my character; asworn, written statement by a person familiar with my character; orby other character evidence; and(d)Changes in my condition or circumstances since the orderidentified in Paragraph 1 of this motion was entered;(2)The evidence described above will be used to determine whether I amlikely to act in a manner dangerous to public safety and whether restoringmy right to possess or receive a firearm or ammunition is contrary to thepublic interest; and(3)After I file this motion with the court, I must mail or hand-deliver a court-stamped copy to the Office of the Attorney General and to all parties to theproceeding that resulted in the order identified in Paragraph 1 of thismotion.3DateRespondent American LegalNet, Inc. www.FormsWorkFlow.com USE NOTE1.You may be required to pay a filing fee to the court clerk in cash or money orderat the time the motion is filed. If you cannot afford to pay the filing fee, you may ask the court toallow you to file for free or for a reduced rate by filing an application for free process, Form 4-222 NMRA. 2.You must bring a self-addressed stamped envelope with you when you file yourmotion. The clerk will use the envelope to notify you by mail of the date and time of yourhearing.3.You should bring the original and at least two copies of the motion with you whenyou file the motion. The clerk will file the original and will stamp and return the copies to you.You may keep one copy for your records, and you must mail or hand-deliver the other copies tothe attorney general and to all parties to this proceeding as required by NMSA 1978, 247 34-9-19(D). The court may ask you for proof that you mailed or hand-delivered the other copies.[Approved by Supreme Court Order No.17-8300-003, effective for all cases filed on or afterMarch 31, 2017; as amended by Supreme Court Order No. 17-8300-026, effective December 31,2017.] American LegalNet, Inc. www.FormsWorkFlow.com