The U.S. District Court Judge David Urias, an appointee of President Joe Biden, issued a temporary restraining order Wednesday against New Mexico Governor Michelle Lujan Grisham’s unilateral suspension of the Second Amendment in Albuquerque.
A federal judge in New Mexico on Wednesday issued a temporary restraining order against state Governor Michelle Lujan Grisham’s ban on carrying guns in Albuquerque and its surrounding county, on grounds it violated the U.S. constitution.
U.S. District Court Judge David Urias said the governor’s 30-day suspension of concealed and open firearm carry rights went against recent U.S. Supreme Court rulings and violated the rights of law-abding citizens to defend themselves.
In Addition, Gun Owners of America (GOA) successfully obtained a temporary restraining order on the same day against New Mexico Governor Michelle Lujan Grisham’s (D) ban on concealed carry.
GOA announced the decision via X:
GOA and @GunFoundation have received a Temporary Restraining Order against New Mexico Governor's tyrannical firearm carry ban.
This is a win for all gun owners in New Mexico and sends a clear message to all anti-gun states—Shall NOT Be Infringed.????
— Gun Owners of America (@GunOwners) September 13, 2023
Gun Owners of America (GOA) filed a lawsuit in a U.S. District Court on Sunday against New Mexico Governor Michelle Lujan Grisham’s ban, two days after it was announced.
GOA Executive Vice President Erich Pratt commented, “Gun Owners of America is challenging Governor Grisham’s violation of the U.S. Constitution with this lawsuit. Her assertion that there are ‘exceptions to the Second Amendment’ is not only incorrect, but opens up a significant loophole in the Bill of Rights. GOA will continue fighting until New Mexicans have their rights restored.”
On Friday, Governor Michelle Lujan Grisham of the Democratic Party declared gun violence a public health emergency in response to the recent tragic shooting deaths of a thirteen-year-old girl on July 28th, a five-year-old girl on August 14th, and an eleven-year-old boy on September 6th.
“The action plan includes a suspension of open and concealed carry laws in Bernalillo County, temporarily prohibiting the carrying of guns on public property with certain exceptions. Exceptions include for licensed security guards and law enforcement officers. Citizens with permits to carry firearms are free to possess their weapons on private property (such as at a gun range or gun store), provided they transport the firearm in a locked box, use a trigger lock, or some other mechanism that renders the gun incapable of being fired,” according to the press release.
Virtually no one supported Grisham’s decision to suspend the Second Amendment in Albuquerque, evidenced by visibly armed gun owners rallying in Old Town on Sunday and chanting, “We will not comply!”
New Mexico’s Democratic Attorney General Raul Torrez on Tuesday informed Governor Grisham that he will not be defending her, joining a growing chorus of opposition against the Governor.
“I am writing to inform you that my office will not defend your administration in the above referenced cases challenging the Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures (the Emergency Order) issued by the Secretary of Health on September 8, 2023,” Raul Torrez wrote in a 4-page letter.
“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. 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,” Torrez added.
Torrez scolded Grisham for taking unilateral action to suspend gun rights.
“However, 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,” Torrez wrote.