Democratic New Mexico Gov. Michelle Lujan Grisham’s ban on carrying guns was shot down Wednesday by a federal judge, who issued a temporary restraining order to prevent it from taking effect.
U.S. District Court Judge David Urias said the order banning concealed and open carry rights in and around Albuquerque went against the 2022 U.S. Supreme Court ruling in the case of New York State Rifle & Pistol Association, Inc. v. Bruen, according to Reuters.
On Friday, Lujan Grisham declared a “public health emergency” and said in response to recent gun violence, she would suspend the right to carry for 30 days. Lawsuits were filed in response even as local officials said they would not be enforcing the order.
“They just want the right to carry their guns,” Urias said of the plaintiffs contesting the order.
“The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury,” Urias said, according to Fox News.
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Urias, who was appointed by President Joe Biden, told the state attorney defending the order, “To be honest with you, I think you have kind of a hard road here to get up,” according to Politico.
Urias allowed parts of the order that did not impact firearms — including an order for state agencies to analyze gun sales and firearms use and a requirement to scan wastewater for fentanyl — to remain in effect.
“The Second Amendment has no exception. It has no part of it that says as long as the state governor can issue an emergency, you’re allowed to take our citizens’ firearms. There’s no historical evidence of that. There’s no support for it,” Jason Bowles, a lawyer for the National Association for Gun Rights, said during the hearing.
State Senate Republican leader Greg Baca applauded the ruling, according to ABC.
Should Grisham’s order be thrown out?
Yes: 98% (39 Votes)
No: 2% (1 Votes)
“The governor’s malfeasance and utter disregard for the Constitution is alarming,” Baca said in a statement.
“We hope this ruling and the vast backlash to this order sends a clear message to the Governor and her allies — the people have had enough, and we will not stand by idly and allow our freedoms and rights to be eroded,” he said.
The Firearms Policy Coalition, which opposed the order, celebrated the ruling.
“We’re thrilled that the Court has ruled in our favor and upheld the Second Amendment, the U.S. Constitution, and Supreme Court precedent,” Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President of Legal, and counsel for FPC, said on the group’s website.
“Gov. Grisham’s executive order is blatantly unconstitutional and we look forward to continue proving as much in Court,” he said.
The temporary restraining order will be in effect until Oct. 3, when a hearing on the order will take place, according to the Associated Press.
The New Mexico Chiefs of Police Association said the concern for gun violence was appropriate, but the governor’s repose was not, according to the group’s leader, Farmington Police Chief Steven Hebbe.
“The knee-jerk reaction to curtail the rights of every citizen rather than focusing on lawbreakers who plague our communities can’t be justified,” Hebbe said.
