Judge blocks part of New Mexico order restricting gun rights; Gov. Grisham responds



A federal judge ruled against the emergency public health order, issued by Democrat Gov. Michelle Lujan Grisham, repealing open and concealed carry rights in the largest county of New Mexico.

U.S. District Judge David Urias issued the judgment on Wednesday after numerous gun rights groups and advocates had filed lawsuits against the restrictions. The ruling temporarily suspends the order restricting gun rights until Oct. 3, when a hearing will be held to consider the merits of arguments for and against the ban.

Grisham released a statement on her official social media page about the ruling.

"Today a judge temporarily blocked sections of our public health order but recognized the significant problem of gun violence in this state. I refuse to be resigned to the status quo, and I will never stop fighting to prevent other families from enduring these tragedies," she wrote.

"To be clear: gun violence and drug abuse are acute threats to public health and safety in this state," Grisham continued. "We will stay the course by increasing State Police presence in Bernalillo County, arresting the hundreds of violent offenders with outstanding warrants still on our streets, and directing our healthcare system to immediately expand capacity to accept persons experiencing drug addiction and homelessness."

She went on to call on local law enforcement and the legislature to "enact solutions that save people's lives."

Grisham had issued the public safety order on Friday and said she was forced to do so based on several incidents involving gun violence against children in New Mexico. The law imposed a $5,000 fine on people who are caught carrying guns openly or in a concealed manner in public areas of Bernalillo County.

On Tuesday, the state's attorney general notified Grisham in a letter that, based on his opinion that the order was unconstitutional, his office would not defend her against lawsuits.

“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” said Attorney General Raúl Torrez.

“Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but," he added, "more importantly, I do not believe it passes constitutional muster."

Here's more about the ruling:

Federal judge blocks New Mexico gun ban issued by Gov. Michelle Lujan Grisham www.youtube.com

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New Mexico Law Enforcement WILL NOT COMPLY | Guest: Hilary Kennedy | 9/12/23

New Mexico Law Enforcement WILL NOT COMPLY | Guest: Hilary Kennedy | 9/12/23

New Mexico AG tells governor he won't defend emergency gun ban order: 'I do not believe it passes constitutional muster'



The New Mexico attorney general said in a statement that his office would not defend the public emergency order by the governor restricting gun rights in one county of the state.

New Mexico Gov. Michelle Lujan Grisham, a Democrat, announced on Friday that open and concealed carry laws in Albuquerque and the surrounding county were being restricted.

While gun rights activists lambasted the governor for the order, Attorney General Raúl Torrez told Grisham in a letter that her order would be found unconstitutional.

“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” said Torrez in the letter.

“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 added.

He went on to criticize the governor for taking actions that would have little to no effect on gun violence but would absolutely violate citizens' rights.

“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," he wrote.

Four lawsuits against the order have already been filed in federal court, and two others are in the works.

Grisham recognized on Friday that her order would likely face legal challenges, but she cited several incidents of gun violence against children that she said inspired the emergency policy.

"I've warned everyone that we expect a challenge, probably while you're writing this, we're getting a challenge, and that's the way it should work," said the Democrat. "But I have to take a tough, direct stand, or basically I'm just ignoring the fact that we lost an 11-year-old, another child."

The public health order will be in force for 30 days, but Grisham said that she would consider extending it after seeing how well it works to stop gun violence.

Here's more about the controversial order:

New Mexico lawmakers call for impeachment of Gov. Michelle Lujan Grisham www.youtube.com

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'We will not comply!' Gun owners publicly defy New Mexico governor's suspension of open and concealed carry law, gun rights org files lawsuit



Gun owners staged a defiant protest of the suspension of open and concealed carry laws by New Mexico Gov. Michelle Lujan Grisham – a Democrat.

On Sunday afternoon, dozens of gun rights activists gathered in Old Town Albuquerque to voice their displeasure with Gov Grisham's 30-day suspension of open and concealed carry laws that went into effect in the city of Albuquerque and Bernalillo County. Many of the protestors openly displayed their firearms in a deliberate defiance of Grisham's decree.

Protesters proudly displayed American, Gadsden, and "Come and Take It" flags. A man was holding a sign addressed to Grisham that read: "Our founding fathers warned us about you." A woman was holding a sign that stated: "Gun rights are women's rights."

A demonstrator proclaimed, "This will not stand. We will not comply!"

A woman identifying as an indigenous person told the crowd, "The law doesn't protect us!"

Another woman said, "Our rights come from God, and our privileges come from government."

Ford Fischer – editor-in-chief of News2Share – posted video from the protest on YouTube.

"One speaker at the armed rally in Albuquerque defying the gun carrying ban told the crowd that they need to go out and do this every day, or else it wouldn't have an impact," Fischer wrote.

"While the police didn't enforce the order, it includes a $5000 fine for violators," he added.

There was one anti-gun demonstrator wearing a face mask, but the gun activists gave him a chance to speak and then attempted to refute his claims.

New Mexico gun owners defy executive order banning open and concealed carry in Albuquerque www.youtube.com

Grisham is attempting to justify the suspension of gun rights by declaring a public health emergency based on recent gun violence.

On Saturday, the National Association for Gun Rights filed a lawsuit against Grisham and New Mexico Department of Health Secretary Patrick Allen over the emergency public health order suspending gun rights.

The lawsuit, filed in the US district court for New Mexico, asserts that the governor's order violates the Second Amendment.

“The State must justify the Carry Prohibition by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. But it is impossible for the State to meet this burden, because there is no such historical tradition of firearms regulation in this Nation,” the lawsuit states.

According to CNN, "Throughout the suit, the plaintiffs cite a 2022 Supreme Court decision that struck down a New York gun law that restricted the right to concealed carry outside the home."

Also on Saturday, another lawsuit was filed to block the temporary health order banning openly carrying guns in public spaces. The lawsuit compares the suspension of open and concealed carry laws to "martial law,” and maintains that it violates constitutional rights.

Florida Gov. Ron DeSantis ripped the so-called emergency public health order, and said Grisham is weaponizing the order to "infringe on Second Amendment rights by executive fiat."

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Breaking: New Mexico governor issues public health order temporarily suspending open and conceal carry laws in Albuquerque



New Mexico Gov. Michelle Lujan Grisham announced in a media briefing Friday afternoon that open and conceal carry laws in the city of Albuquerque and the surrounding county were being suspended for 30 days.

The Democrat said that several incidents involving young children being shot led her to announce the emergency public health order.

Senate Republican Leader Greg Baca lambasted the governor for the order.

"A child is murdered, the perpetrator is still on the loose, and what does the governor do? She throws the mayor of Albuquerque under the bus and then targets law-abiding citizens with an unconstitutional gun order," said Baca.

"Tragically, this is what we have come to expect from an administration that refuses to take responsibility for the crime epidemic gripping our state. It is time for the governor to stop pointing fingers and admit that her soft-on-crime approach has failed and put the safety of all New Mexicans in great jeopardy.”

Grisham acknowledged that the order was likely to be challenged in court.

"I've warned everyone that we expect a challenge, probably while you're writing this, we're getting a challenge, and that's the way it should work," the governor said.

"But I have to take a tough direct stand or basically I'm just ignoring the fact that we lost an 11-year-old. Another child," she emphasized.

The governor referred to the shooting death of Froyland Villegas outside of the stadium for the Isotopes, a minor league baseball team.

"Gun violence is killing between 2 and 3 children every month in NM - every single one of these deaths is unconscionable and they must stop," she added on social media.

The public health order does not apply to law enforcement officers or licensed security officers, nor does it impact private property, firing ranges or licensed firearm dealers.

Lujan Grisham said the suspension of gun rights will be re-considered after 30 days.

Here's a local news report about the development:

Gov. Lujan Grisham suspends open, concealed carry in Bernalillo County www.youtube.com

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