Judge issues order against New Mexico's gun-carry ban

(Photo by steve woods on Unsplash)
(Photo by steve woods on Unsplash)

A federal judge has issued a temporary restraining order against New Mexico Gov. Michelle Grisham’s executive order banning the carry of any guns in Albuquerque and Bernalillo County.

The Second Amendment Foundation said District Judge David H. Urias approved the TRO after it sued to fight Grisham’s edict.

Her decision, based on her opinion that there was a public health emergency, was aimed at suspending the Second Amendment rights to bear arms.

The order lasts until Oct. 3, when a hearing is scheduled on a request for a preliminary injunction.

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SAF is joined in the action by the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County.

Defendants are Grisham, Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police.

“We are delighted that the court wasted no time in clamping down on Gov. Lujan Grisham’s clearly unconstitutional suspension of Second Amendment rights,” said SAF founder Alan M. Gottlieb. “No governor has the authority to arbitrarily deny constitutional rights, especially on the flimsy argument this is a public health emergency.”

Adam Kraut, the organization’s executive director, said, “The order was so patently unconstitutional, even gun control advocates have been distancing themselves from her actions. We look forward to prevailing in this case as it continues.”

Grisham’s move was met by announcements from the local sheriff, police chief and district attorney that they would refuse to enforce her order because of its lack of constitutionality.

WND reported a day earlier on Grisham’s campaign to, by executive fiat, kill the Second Amendment.

The SAF lawsuit charged that the governor’s “emergency order” that prohibits open and concealed carry in Albuquerque and surrounding Bernalillo County, which has been legal, violates the Second Amendment of the U.S. Constitution.

Also the 14th Amendment.

Grisham had demanded, “no person, other than a law enforcement officer or licensed security officer, shall possess a firearm … either openly or concealed, within cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021.”

Protesters objected to her move by assembling and openly defying her demands.

A man was holding a sign addressed to Grisham that read: “Our founding fathers warned us about you.” Another sign said, “Gun rights are women’s rights.”

The protesters’ bottom line, based on what one protester said, was, “We will not comply!”

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