A federal judge has blocked part of a public health order that suspended the right to carry guns in public across New Mexico’s largest metro area, as criticism mounted over the actions taken by the governor and political divides widened.
The ruling Wednesday by U.S. District Judge David Urias marks a setback for Democratic New Mexico Gov. Michelle Lujan Grisham as she responds to several recent shootings that took the lives of children, including an 11-year-old boy as he left a minor league baseball game in Albuquerque.
Lujan Grisham imposed an emergency public health order Friday that suspended the right to open or concealed carry of guns in public places based on a statistical threshold for violent crime that applied only to Albuquerque and the surrounding area. The governor cited recent shootings around the state that left children dead, saying something needed to be done.
U.S. District Judge Urias agreed Wednesday with plaintiffs in several lawsuits who said the order violates constitutional rights and he granted a temporary restraining order to block the governor’s suspension of gun rights. It’s in place until an Oct. 3 court hearing.
Speaking of Lujan Grisham’s actions, Urias said “I don’t blame her for wanting to take action in the face of terrible acts.” But he said he was faced with a much more narrow question regarding the rights afforded to citizens.
State police had authority under the order to assess civil penalties and a fine of up to $5,000. The local sheriff and Albuquerque’s police chief had refused to enforce the firearms ban.
The rest of the public health order, including directives for monthly inspections of firearms dealers statewide, reports on gunshot victims at New Mexico hospitals and wastewater testing for illicit substances, remains intact.
Advocates for gun rights filed a barrage of legal challenges to the order in U.S. District Court in Albuquerque alleging infringement of civil rights under the Second Amendment of the U.S. Constitution. Republicans in the legislative majority have called for impeachment proceedings against the governor.
Hellbound and Down 