New Mexico Gun Laws & Firearms Safety Practice Exam

Question: 1 / 400

Under what circumstances may law enforcement confiscate a firearm at the scene of a domestic violence incident in New Mexico?

If the officer has probable cause to believe it was used in the crime

Law enforcement in New Mexico may confiscate a firearm at the scene of a domestic violence incident if the officer has probable cause to believe that the firearm was used in the crime. This is because under the Domestic Violence Offender Gun Ban, law enforcement has the authority to seize any weapon used or threatened to be used in the commission of a domestic violence crime. Option B is incorrect because visibility and security of the firearm does not impact the reasons for confiscation. Option C is incorrect because while the victim may request the confiscation, it ultimately depends on the officer's determination of probable cause. Option D is incorrect because law enforcement can confiscate a firearm without a court order in cases of domestic violence.

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If it is visible and unsecured

Upon request by the victim

None, they cannot confiscate without a court order

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