Gun rights group sues New Mexico after governor signs executive order banning guns in public in Albuquerque

Julia Shapero
The Hill
Sun, 10 Sep 2023 20:33 UTC

New Mexico Governor Michelle Lujan Grisham

A gun rights group sued New Mexico Gov. Michelle Lujan Grisham (D) and other state officials Saturday over an emergency order banning firearms from being carried in public in Albuquerque.

The National Association for Gun Rights, alongside Albuquerque resident Foster Haines, filed suit just one day after Grisham announced the public health order temporarily suspending concealed and open carry laws in the city.

The group argued that the order violates their Second Amendment rights, pointing to the Supreme Court's decision last year in New York State Rifle & Pistol Association v. Bruen.

The high court struck down a New York concealed carry law in the Bruen ruling, finding that firearm regulations must be based in the country's historic tradition to be considered constitutional.

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

Grisham cited a series of recent shootings, including the fatal shooting of an 11-year-old boy Wednesday, in announcing a public health emergency over gun violence Thursday and the subsequent order Friday.

The order suspends concealed and open carry laws for 30 days in areas with a specific threshold of violent crime, which has only been met by the city of Albuquerque.

"As I said yesterday, the time for standard measures has passed," Grisham said in a statement Friday. "When New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game — when their very right to exist is threatened by the prospect of violence at every turn — something is very wrong."

Comment: There's already one New Mexico sheriff who is refusing to enforce the governor's ban on carrying guns, saying it's unconstitutional. In a post on X, Allen acknowledged that "every lost life is a tragedy, and the well-being of our community is of paramount concern to the Bernalillo County Sheriff's Office." He said, "However, as the elected Sheriff, I have reservations regarding this order." More from the sheriff:

"While I understand and appreciate the urgency, the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold," He continued. "I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense."

"I was elected to represent and safeguard all constituents and to ensure the balance between our rights and public safety is maintained," Allen said. "That means we must critically evaluate any proposed solution to the deeply rooted issue of gun violence, ensuring we both protect our community and uphold the values that define us as a nation."