The Law Mind

In the Matter of Firearms in Federal Courthouse Facilities and Grounds (21-MC-04-45)

D.N.M. Standing Order — In the Matter of Firearms in Federal Courthouse Facilities a

Case 1:21-mc-00004 Document 45 Filed 08/27/21 Page 1 of 4 UNITED STATES DISTRICT COURT DISTICT OF NEW MEXICO IN THE MATTER OF: No. 21-MC-00004-45 FIREARMS IN FEDERAL COURTHOUSE FACILITIES AND GROUNDS ADMINISTRATIVE ORDER The Court enters this Administrative Order to address the carrying of firearms on courthouse property. This Order incorporates elements addressed in previous Administrative Orders and so supersedes previous Administrative Orders on this topic, including: • Administrative Order 89-156, entered on April 3, 1989, addressing firearms in federal courtrooms and environs in the District of New Mexico and ordering that, unless permission to the contrary is received from the U.S. Marshal, only the U.S. Marshal, Deputy U.S. Marshals, Court Security Officers and Federal Protective Service Officers may enter a federal courtroom and environs carrying a firearm; • Amended Administrative Order 89-156, entered on April 24, 1995, ordering among other things that firearms brought into courtrooms as exhibits shall be checked for safety; • Administrative Order 97-94, entered on June 23, 1997, authorizing United States Probation and Pretrial Services Officers to possess firearms for protection in the performance of their duties; and • Administrative Order 97-95, entered on June 23, 1997, restricting United States Probation and Pretrial Services Officers from carrying firearms in courtrooms. This Administrative Order applies to the United States Courthouses and Federal Buildings in the District of New Mexico located at 333 Lomas Blvd. NW, Albuquerque; 421 Gold Ave. 1 Case 1:21-mc-00004 Document 45 Filed 08/27/21 Page 2 of 4 SW, Albuquerque; 500 North Richardson Ave., Roswell; 100 North Church Street, Las Cruces; and 106 South Federal Place, Santa Fe. 1. For purposes of this Administrative Order, the following definitions will apply: a) Non-secure public space: Courthouse property accessible to the general public without having to go through security screening. b) Parking areas: Courthouse property not accessible to the general public used to park vehicles. Further entry into the courthouse cannot be obtained from parking areas without an access card. c) Courthouse building: Excluding parking areas, areas in the courthouse accessible only with an access badge or after undergoing security screening. d) Courtroom and its environs: courtrooms, courtroom vestibules, attorney client conference rooms, and jury deliberation rooms. This does not include Judges’ Chambers and Chamber Conference Rooms. 2. Unless otherwise set forth below, only the U.S. Marshal, Deputy U.S. Marshals, Courtroom Security Officers, and Federal Protective Service Officers may carry a firearm into a courthouse building or courthouse parking area. 3. When qualified and authorized by the Chief United States Probation Officer and in compliance with this Court's policy related to firearms as promulgated through the Chief United States Probation Officer and such other conditions as prescribed by the Judicial Conference of the United States and the Administrative Office of the United States Courts, each regularly appointed United States Probation Officer of this Court is authorized to carry a firearm for protection during the performance of his or her duties. 4. Where the United States Probation Office is a tenant of a courthouse, United States Probation Officers qualified to carry firearms during the course of their duties may carry a 2 Case 1:21-mc-00004 Document 45 Filed 08/27/21 Page 3 of 4 district-issued firearm stored in Probation Office space through non-courtroom areas of the courthouse as needed to access vehicles that will be used to transport such firearms. 5. Unless otherwise restricted by the Chief United States Probation Officer, Deputy Chief United States Probation Officer, or Chief United States District Judge, each United States Probation Officer who is qualified to carry a firearm during the course of their duties may carry a personally owned firearm into courthouse parking areas. 6. Pursuant to the safety policy set forth by the United States Marshals Service, all Probation Officers carrying personally owned weapons into parking areas must secure such weapons in the lobby gunroom or in the owner’s vehicle, providing the vehicle has a secondary locking mechanism. No Probation Officer shall bring a personally owned firearm into a courthouse parking area without first notifying the United States Marshals Service of his or her intention to do so. 7. No non-law enforcement individual shall bring a firearm onto non-secure public space, parking areas, or into a courthouse building without first obtaining permission to do so from the United States Marshals Service and the Chief United States District Judge. 8. Firearms intended to be used as exhibits shall be checked for safety by the United States Marshals Service before they are taken into a courtroom or its environs. 9. Law enforcement officers not described in the above paragraphs shall check their weapons with the Court Security Officer upon entry into the facility at the designated security screening. See 18 U.S.C. § 930. 10. With prior approval of the United States Marshal or designee of United States Marshal and notice to the Chief Judge, federal law enforcement officers may be permitted to carry firearms into all courthouse areas, including courtrooms and environs when exigent circumstances warrant such actions. Absent such exigent circumstances and prior approval, only the U.S. Marshal, U.S. Marshal Deputies, Courtroom Security Officers, and Federal Protective 3 Case 1:21-mc-00004 Document 45 Filed 08/27/21 Page 4 of 4 Service Officers shall possess firearms (excluding disabled firearms used as exhibits) in courtrooms and their environs. 11. Except as otherwise set forth above all weapons brought into the courthouse building must be secured in a designated lockbox. ____________________________ Chief United States District Judge District of New Mexico 4 District NextGen v1.6.1 LIVE DB https://nmd-ecf.sso.dcn/cgi-bin/Dispatch.pl?10971291746468 Notices 1:21-mc-00004 Administrative Orders U.S. District Court United States District Court - District of New Mexico Notice of Electronic Filing The following transaction was entered on 8/27/2021 at 2:39 PM MDT and filed on 8/27/2021 Case Name: Administrative Orders Case Number: 1:21-mc-00004 Filer: Document Number: 45 Docket Text: ADMINISTRATIVE ORDER: In the Matter of Firearms in Federal Courthouse Facilities and Grounds (cg) 1:21-mc-00004 Notice has been electronically mailed to: 1:21-mc-00004 Notice has been delivered by fax to: 1:21-mc-00004 Notice has been delivered by USPS to: The following document(s) are associated with this transaction: Document description:Main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfStamp_ID=1167529506 [Date=8/27/2021] [FileNumber=11519368- 0] [1e76fe19402c4e9b01ec6cea993662681fddfa2e3bf7360c21da7e992e7d626a08 cb7a1d4c74552a270c23165900a18b289cbc411401d89c795c9bb7ebc7a834]] 1 of 1 8/27/2021, 2:39 PM
Official source: https://www.nmd.uscourts.gov/sites/nmd/files/general-ordes/21-MC-04-45_Firearms%20in%20Fed · retrieved 2026-07-23