A federal judge has ruled in favor of a public health order that temporarily suspends the right to carry guns at public parks and playgrounds in New Mexico’s largest metro area. The decision comes as a response to recent shootings in the state that resulted in the deaths of children. While Governor Michelle Lujan Grisham sees the restrictions as a necessary measure, the move has sparked heated debates and protests.
The ruling is a significant development in the ongoing debate over gun rights, particularly in politically liberal-leaning states, following a U.S. Supreme Court decision last year that expanded gun rights. Leaders in such states are now exploring new avenues for imposing restrictions. In New Mexico, the governor’s order has faced strong opposition, with Republicans calling for her impeachment and deepening divisions among top Democratic officials.
Gun rights advocates have filed multiple lawsuits and court motions in an attempt to block the restrictions, arguing that they infringe upon Second Amendment rights to carry firearms for self-defense. However, U.S. District Judge David Urias denied their request for an injunction, stating that the plaintiffs had not demonstrated a substantial likelihood of success in court. Urias also rejected the argument that gun restrictions should only apply to core government functions and not playgrounds, citing the Supreme Court’s recognition of schools as sensitive places.
While the judge acknowledged that the governor’s order may have some historical precedent, he emphasized that the determination of what constitutes a sensitive place could be based on the type of function occurring at those locations and whether a vulnerable population, such as children, utilizes them. Gun rights advocates expressed disappointment with the ruling but have yet to announce their next steps.
Initially, the governor’s order aimed to suspend gun-carry rights in most public places in the Albuquerque area. However, the current version applies only to public parks and playgrounds, with an exception for access to a municipal shooting range park. The restrictions are tied to a statistical threshold for violent crime specific to Albuquerque and its surrounding area.
Although the state police have the authority to enforce penalties and fines of up to $5,000 under the order, the sheriff and Albuquerque’s police chief have refused to do so. Other aspects of the public health order, including monthly inspections of firearms dealers, reports on gunshot victims at hospitals, wastewater testing for illicit substances at schools, and safe-surrender programs for firearm decommissioning, remain intact.
The temporary restraining order that previously blocked the gun restrictions was set to expire at the end of Wednesday. The ruling has reignited the debate on gun control and is likely to have significant implications for similar measures in other states. For the latest updates on the 2024 campaign trail and exclusive interviews, subscribe to our newsletter.
