New Mexico Democrat governor’s sweeping gun order hits major temporary roadblock

A federal judge in Albuquerque, New Mexico, has issued a temporary restraining order blocking key parts of Gov. Michelle Lujan Grisham’s executive order suspending open and concealed carry across Albuquerque and the surrounding Bernalillo County for at least 30 days.

U.S. District Court Judge David Urias issued the order on Wednesday, blocking the portion of the order that prohibits lawful gun owners from carrying their guns in public for 30 days, ruling that it’s not enforceable.

“The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury,” Urias said during the hearing.

The temporary restraining order will remain in effect until at least Oct. 3, when the next hearing is scheduled.

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Lujan Grisham on Thursday announced that she needed to respond to recent gun-related deaths, which include an 11-year-old boy who was shot and killed while outside a minor league baseball stadium. Six different lawsuits were filed against the executive order.

Urias was appointed by President Biden.

Lujan Grisham said in a statement on the temporary restraining order, stating that “I refuse to be resigned to the status quo.”

“Today a judge temporarily blocked sections of our public health order but recognized the significant problem of gun violence in this state, particularly involving the deaths of children,” she wrote. “As governor, I see the pain of families who lost their loved ones to gun violence every single day, and I will never stop fighting to prevent other families from enduring these tragedies.”

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“Over the past four days, I’ve seen more attention on resolving the crisis of gun violence than I have in the past four years. Now is the time to bring clarity of purpose: New Mexicans must again feel safe walking home from school, driving to the grocery store, or leaving their hometown baseball stadium,” Lujan Grisham added. “And I call on leaders across the state, from local law enforcement to the Legislature to mayors and county commissioners: Stand with me to enact solutions that save people’s lives. Throwing up our hands is not an option.” 

The New Mexico governor said that her administration “intends to update the public health order with additional measures to address public safety and health shortly. “

The suspension of open and concealed carry in the defined area was classified as an emergency public health order.