Lawsuits Mount Against New Mexico Governor Suspending Gun Rights With ‘Public Health’ Order

A supporter of open carry gun laws wears a pistol as he prepares for a rally in support of open carry gun laws at the Texas Capitol in Austin on Jan. 26, 2015. Eric Gay/AP Photo

New Mexico Gov. Michelle Lujan Grisham’s order to suspend all forms of gun carry in and around the state’s largest city in the name of a “public health emergency” has already drawn multiple legal challenges.

Citing the recent shooting deaths of three children, including an 11-year-old boy killed outside a minor league baseball park in Albuquerque in a suspected road rage incident, the Democrat governor declared it would be illegal to open or conceal carry a gun in Albuquerque and surrounding areas in Bernalillo County, even for those who have valid permits.

The order, which came a day after Ms. Grisham declared “gun violence” a statewide public health emergency, is set to expire in 30 days but can be renewed. It applies to “cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021,” a criterion so far met only by Bernalillo County.

At a Sept. 9 press conference, Ms. Grisham admitted that the order was almost certain to be challenged in court on Second Amendment grounds, but insisted this extraordinary move is about “making New Mexicans safer.”

“No constitutional right, in my view, including my oath, is intended to be absolute,” she said.

Legal Issues Growing

Ms. Grisham and several officials of her administration are facing multiple lawsuits. The latest legal effort to blocked the order was launched on Sept. 12 by the Second Amendment Foundation (SAF), a national advocacy group based in Washington state.

Suing on behalf of a Bernalillo County gun owner, the SAF that the “public health” order runs afoul of the a recent landmark decision by the U.S. Supreme Court, which essentially affirmed that individuals have the right to carry firearms outside their homes.

In the high-profile 2022 case, which has come to be known as the Bruen decision, the high court struck down a New York requirement that concealed carry applicants prove they have good cause to carry a firearm, finding that gun laws must be consistent with the United States’ historical tradition to be considered constitutional.

“The Supreme Court has recognized that, under the Second Amendment, ‘ordinary law-abiding citizens have a ... right to carry handguns in public for self-defense,’” the complaint read, citing the Bruen ruling.

In addition to Ms. Grisham, the suit named New Mexico Health Secretary Patrick Allen, Public Safety Secretary Jason Bowie, and State Police Chief Troy Weisler as defendants.

“Despite her clams to the contrary, Gov. Grisham does not have the authority to ’suspend' the Second Amendment for an alleged public health emergency or any other reason. Neither do any of the other defendants, nor can they legally enforce such a suspension,” Alan Gottlieb, SAF’s founder and executive vice president, said in a statement to The Epoch Times.

Two earlier challenges were brought separately by the National Association for Gun Rights (NAGR) and Gun Owners of America (GOA), just one day after Ms. Grisham announced the restrictions.

“The State must justify the Carry Prohibition by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation,” the complaint filed by NAGR read. “But it is impossible for the State to meet this burden, because there is no such historical tradition of firearms regulation in this Nation.”

Meanwhile, GOA pointed to the governor’s paradoxical statements at the Sept. 9 press conference. When asked whether she thought the 30-day ban would actually prompt criminals to stop carrying firearms, she responded, “No.” She would later tell the press that “responsible gun owners are certainly not our problem.”

“If law-abiding gun owners are not the problem, and criminals carrying guns will not obey the [public health order], then what is the purpose of the Governor’s actions?” GOA stated in the lawsuit.

“The answer is evident. The [public health order] serves no purpose other than to implement a radical political agenda to punish law-abiding gun owners for exercising their enumerated rights to carry arms in public for self-defense,” it argued.

Resistance Among Authorities

Local officials have expressed at least some unwillingness to join the governor in pursuing the ban. In a statement to KOB4, a local NBC affiliate, Albuquerque Mayor Tim Keller said he would leave the decision of whether to enforce the order up to the state police.

“[Albuquerque police] is not responsible for enforcing the governor’s ban, our officers will continue to enforce all criminal laws, combat gun violence, and push for needed justice in our city,” the mayor, a Democrat, told the outlet.

Similarly, Albuquerque Police Chief Harold Medina also told his deputies that it’s not their job to handle civil violations of the carry ban, which could result in a fine of up to $5,000.

“The governor made it clear that state law enforcement and not APD will be responsible for enforcement of civil violations of the order,” the police chief said.

Bernalillo County District Attorney Sam Bregman, whom Ms. Grisham appointed, also refused to enforce the order.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional,” he told The Associated Press. “This office will continue to focus on criminals of any age that use guns in the commission of a crime.”

Bernalillo County Sheriff John Allen went further to denounce the governor’s order as not only unlawful, but also said it won’t help address violent crimes involving guns.

“It’s unconstitutional, so there’s no way we can enforce that order,” the sheriff said. “This ban does nothing to curb gun violence.”