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A federal judge has blocked part of a public health order issued by New Mexico Gov. Michelle Lujan Grisham that suspended the right to carry guns in public in Albuquerque and the surrounding Bernalillo County.
U.S. District Judge David Urias’ ruling Wednesday is a setback for the Democratic governor as she faced mounting criticism from both sides of the gun debate.
Judge Urias agreed with plaintiffs in several lawsuits who said the order violates constitutional rights and he granted a temporary restraining order to block the suspension of gun rights. The injunction will remain in place until an Oct. 3 court hearing.
“I don’t blame her for wanting to take action in the face of terrible acts,” the judge said of Ms. Lujan Grisham’s emergency order. But he said he was faced with a much more narrow question regarding the rights afforded to citizens.
In announcing the order Friday, Ms. Lujan Grisham said it was a necessary response to several recent shootings, including one that took the life of an 11-year-old boy as he left a minor league baseball game in Albuquerque.
The 30-day emergency order would have applied to open and concealed carry of firearms in most public places, ranging from city sidewalks to urban recreational parks. The state has a long history of allowing open carry of handguns in most public settings.
Within hours of her emergency order, federal lawsuits to block the gun ban were filed, state lawmakers called for her impeachment and even gun control activists rebuked her for violating the U.S. Constitution.
Ms. Lujan Grisham said she expected legal challenges.
State police were tasked with enforcing the order and handing out citations for civil penalties and a fine of up to $5,000.
However, the governor’s own law enforcement and state officials refused to enforce the order.
Albuquerque Police Chief Harold Medina said he would not enforce it. Bernalillo County Sheriff John Allen said he is apprehensive because there are too many constitutional issues surrounding the emergency order.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” Mr. Allen said in a statement Friday. “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.”
Ms. Lujan Grisham conceded that her emergency order was not popular.
“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference where she was flanked by law enforcement officials, including the Albuquerque district attorney.
Albuquerque Mayor Tim Keller, a Democrat, distanced himself from the governor. He wrote on X, formerly Twitter, that the Albuquerque Police Department would not be responsible for enforcing the order.
Other top Democrats, including New Mexico Attorney General Raúl Torrez, said that the governor’s time would have been better spent putting forth comprehensive legislation to deal with gun violence.
Protests have drawn crowds to public squares in Albuquerque over the emergency order in recent days. Many believe Ms. Lujan Grisham is pushing the boundaries of her executive authority again after using public health orders for aggressive lockdowns during the outset of the coronavirus pandemic.
Mothers and military veterans are among those protesting with holstered handguns on their hips and rifles slung over their shoulders.
New Mexico is an open carry state, so the governor’s order affects anyone in Bernalillo County who can legally own a firearm. Just over 14,500 people in the county had an active concealed carry license, according to an Associated Press analysis of data provided by the New Mexico Department of Public Safety for the 2023 fiscal year.
Under the order, residents may still transport their firearms to some private sites, such as a gun range or gun store, provided the firearm has a trigger lock or some other container or mechanism making it impossible to discharge.
• This article is based in part on wire service reports.
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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