A federal judge has granted a temporary restraining order against New Mexico Democrat Governor Michelle Lujan Grisham’s suspension of gun carry laws in Albuquerque and the surrounding areas.
On Wednesday, U.S. District Court Judge David Urias granted the order against Section 1 and Section 4 of the public health order. The judge, who was appointed by President Joe Biden, said the plaintiffs who filed the lawsuit were merely asking for their right to carry arms.
Section 1 of the order stated that no person, other than a law enforcement officer or licensed security officer, would be allowed to possess a firearm on public premises in cities or counties with an average of 1,000 or more violent crimes per 100,000 residents per year since 2021. Section 4 of the order said similarly that no person, other than law enforcement, or licensed security officers, could possess a firearm on state property, public schools, or public parks.
Regarding the ruling, New Mexico Attorney General Raul Torrez, a Democrat, wrote to Grisham saying that he would not be defending her order in court. “Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster,” he wrote. “I encourage you to engage in a more thoughtful and deliberative process with members of the New Mexico Legislature rather than taking unilateral action that infringes on the constitutional rights of law-abiding citizens while having little if any discernible impact on the underlying dynamics driving gun violence in our community.”
Governor Grisham has defended her exclusion of concealed carry regulation as a public safety measure. However, the lawsuit was filed by multiple individuals who had been issued concealed carry licenses and the New Mexico Sheriffs’ Association. They argued that the prohibition of concealed carry was unconstitutional and infringed upon their Second Amendment rights.
It is uncertain at this time what effect the order of temporary restraning will have. Some speculate that it will reopen discussion between the Governor and the New Mexico Legislature in an effort to reach a compromise concerning Grisham’s public safety order while respecting the Second Amendment rights of New Mexico citizens. The ultimate outcome of this debate remain to be seen.