NRA and New Mexico Republicans File Sixth Lawsuit Over Gov. Grisham’s Gun Carry Ban

New Mexico Gov. Michelle Lujan Grisham is seen in Albuquerque, N.M., in a file photograph. Brian Snyder/Reuters

The National Rifle Association (NRA) and New Mexico’s Republicans are suing Gov. Michelle Lujan Grisham over an executive order restricting the carrying of firearms in Albuquerque and Bernalillo County.

This brings the number of lawsuits against the governor’s executive order to six.

Two Republican state representatives said Ms. Grisham’s order and record as governor prove she is unfit for office. So, in addition to suing, two state representatives have started an effort to impeach Ms. Grisham.

“I am principally and steadfastly focused on moving forward with the impeachment of Governor Grisham,” New Mexico Republican State Rep. Stefani Lord wrote in an email to The Epoch Times.

New Mexico Republican State Rep. John Block joined Ms. Lord in the impeachment effort.

“Almost every single Democrat, Republican, and independent opposes her lawless, unconstitutional order, which is evidenced by the vast number of people decrying how insane and unlawful it is,” he wrote in an email to The Epoch Times.

He said they have just begun the certification process for an extraordinary legislature session for impeachment.

The latest lawsuit was filed in the New Mexico Supreme Court on Sept. 14 by the NRA, state House and Senate Republicans, the New Mexico Republican Party, the New Mexico Libertarian Party, and eight individuals.

The lawsuit lists Ms. Grisham and Patrick Allen, Secretary of the State Department of Public Health, as defendants.

An NRA spokesperson did not return a telephone call or email seeking comment.

Plaintiffs Claim ‘Invasion of Rights’

According to the lawsuit, the plaintiffs want the court to rule that gun violence and drug use are not public health emergencies, that the orders violate the constitutional separation of powers, and cause a “plain, palpable invasion of rights.”

Even though Ms. Grisham scaled back the original order, they asked the court to hear the case.

“The Court should hear this Petition and decide these issues on the merits regardless of whether the current [order] is put back into full effect, is voluntarily withdrawn, or is superseded by another order, as the deeper legal issues involved are of paramount importance and are ‘capable of repetition yet evading review,’” the lawsuit reads.

Ms. Grisham publicly defended her actions. During a press conference on Sept. 8, she said that no constitutional rights are absolute. Ms. Grisham claimed that as governor, she has the authority to suspend certain rights during a declared emergency.

“No constitutional right, in my view, including my oath, is intended to be absolute,” she continued. “There are restrictions on free speech; there are restrictions on my freedoms.”

ACLU, Democrats Oppose Order

A spokeswoman for Ms. Grisham’s office did not return a telephone call seeking comment for this story.

The Republican representatives claim Ms. Grisham has no such authority. Ms. Lord stressed that even Ms. Grisham’s party members hold this view.

“You know you’ve messed up when the ACLU, your own Democrat Attorney General, and gun control activists come out against your tyranny,” Ms. Lord wrote.

In a letter from the NRA to Ms. Grisham dated the same day the lawsuit was filed, Randy Kozuch, executive director of the National Rifle Association’s Institute for Legislative Action, wrote that Ms. Grisham is targeting the wrong people.

“The NRA urges you to hold criminals responsible for the damage they inflict,” Mr. Kozuch wrote. “But we will not stand by as you attempt to blame and restrict the rights of peaceful Americans who simply want to protect themselves, their families, and their community.”

Arnold Gallegos, owner of ABQ Guns in Albuquerque, N.M., and a police officer in the Jemez Springs Police Department, considers a public health order banning firearms in public an "illegal" act by New Mexico's governor. Photo taken on Sept. 12, 2023. Allan Stein/The Epoch Times

Republicans Claim Plans Killed

According to Mr. Block’s email, Ms. Grisham helped create the problems she wanted to solve.

“Republicans not only have plans to alleviate the violence plaguing our state, but they were all killed by Gov. Lujan Grisham’s extreme far-left allies in the Legislature,” he wrote.

According to Mr. Block, Republicans want increased sentences for felons with guns, pretrial detention, and stricter penalties for trafficking. He claims Democrats, led by Ms. Grisham, have stymied their efforts.

Ms. Lord agreed.

“We need to close our southern border, fully fund and invest in law enforcement, and begin holding violent criminals accountable in court. Governor Lujan Grisham’s plan would do nothing to actually curb gun violence,” she wrote.

Hearing Set Oct. 3

Ms. Grisham’s original Sept. 8 executive order named gun violence in Albuquerque a public health emergency. It banned carrying firearms in public for 30 days.

After that decision drew criticism from both sides of the political aisle, including New Mexico state law enforcement officials, she scaled the restriction back to playgrounds, public parks, “or other public areas provided for children to play in.”

The amended rule exempts state parks within the state park system and areas owned or managed by the New Mexico Energy, Minerals, and Natural Resources Department State Parks Division or the State Land Office.

The order still requires civilians with carry permits to place guns in locked boxes and use trigger locks or other means to prevent them from being fired before carrying them in public. Licensed security guards and police officers would be exempt from the order.

There are currently five other lawsuits pending in U.S. District Court. District Court Judge David Urias issued a temporary restraining order in those cases. He ordered a hearing for a preliminary injunction at 10 a.m. Oct. 3.