A federal judge on Wednesday temporarily blocked the New Mexico governor’s executive order barring concealed and open carry of firearms in the state’s most populous county.
Gov. Michelle Lujan Grisham (D-NM) spurred bipartisan backlash last week when she announced her executive order barring open and concealed carry of guns in public in Albuquerque and Bernalillo County. She contended the temporary ban was necessary to combat a recent uptick in gun violence.
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U.S. District Judge David Urias granted a temporary restraining order that blocks enforcement of her order.
Urias said the brief pause on concealed and open carry rights defied recent Supreme Court rulings such as last year’s New York Rifle & Pistol Association v. Bruen decision and violated Second Amendment rights for self-defense.
“They just want the right to carry their guns,” Urias said of the several plaintiffs who requested restraining orders on Lujan Grisham’s Sept. 8 emergency public health order.
Lujan Grisham said she wanted her executive order to serve as a “cooling-off period” for law enforcement to address problem areas surrounding the state’s high rate of gun crime after a string of fatal shootings against minors.
State officials, including Mayor Tim Keller and Bernalillo County Sheriff John Allen, voiced strong opposition to the governor’s order but made clear that they seek to crackdown on gun violence in the state by other means. Both officials have called on the governor to hold a special legislative session to adopt alternate gun control policies.
“The temporary ban challenges the foundations of our Constitution, but most importantly, it is unconstitutional. My oath was to protect the Constitution, and that is what I will do,” Allen said on Monday, adding he wouldn’t punish any law-abiding gun owners for violating the governor’s order.
Lujan Grisham’s order aimed to impose a $5,000 fine against gun owners who carried in public. Her order comes as the FBI ranks Albuquerque among the top 10 most dangerous U.S. cities for gun-related violence.
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The Firearms Policy Coalition, one of the groups that sued against the governor’s order, said Urias would issue a written order on Wednesday or Thursday but that his temporary block went into effect immediately.
Urias is slated to hold a hearing on motions for a preliminary injunction against the executive order on Oct. 3.