U.S. District Court Judge David Herrera Urias has granted a temporary restraining order against New Mexico Governor Michelle Lujan Grisham’s recent short-term ban on the lawful carry of firearms in Bernalillo County.
The ruling cited that the ban was in direct conflict with the Second Amendment and will not be implemented, pending a final hearing, which is scheduled for October 3, 2023.
The restraining order only applies to Section 1 and Section 4 of the public health order, specifically the suspension of open and concealed carry laws, and the banning of all firearms on state property, public schools, and public parks.
Five different lawsuits were brought before the judge arguing that Lujan Grisham’s 30-day ban violated New Mexican’s Second Amendment rights. Attorneys referenced past U.S. Supreme Court rulings, including one from last year, that said the right to own a gun for self defense exists in and out of the home.
Attorneys argued that it is unlawful for the governor to suspend those rights – even in an emergency.
The judge agreed that while gun violence is a serious issue in Bernalillo County, it is ultimately in the public’s best interest to not suspend civil rights, including the right to carry a gun.
All other sections of the public health order will remain in effect, including the Governor’s plan to assign more New Mexico State Police officers to Bernalillo County, and increasing health care capacity to accept people experiencing homelessness and drug addiction.