Restrictions on carrying guns in public during a public health emergency are being challenged in New Mexico, as the state’s Democratic governor, Michelle Lujan Grisham, tests the boundaries of her authority and constitutional law in response to rising violent crime. This legal standoff is one of many that have emerged since the U.S. Supreme Court expanded gun rights last year, with leaders in politically liberal-leaning states exploring new avenues for gun control measures. A court hearing has been scheduled for Tuesday morning to address the legal challenges against the public health order that suspends the right to carry firearms in most public parks and playgrounds in and around Albuquerque.
Advocates for gun rights have filed numerous challenges against the 30-day health order, which initially included broad restrictions on carrying guns in public. In response, Governor Lujan Grisham’s spokesperson, Maddy Hayden, announced that the governor will reissue orders on gun violence and drug abuse for an additional 30 days. According to Hayden, this urgent approach has resulted in arrests and a decrease in gunfire. The new orders include directives for monthly inspections of firearms dealers statewide, reports on gunshot victims at New Mexico hospitals, and wastewater testing for illicit substances.
Last month, U.S. District Judge David Urias ruled that the gun restrictions in the governor’s initial order were likely to cause irreparable harm to individuals deprived of their right to carry a gun in public for self-defense. He granted a temporary restraining order blocking the restrictions until the hearing on Tuesday. The governor has linked the suspension of certain gun rights to a statistical threshold for violent crime that applies specifically to Albuquerque and its surrounding area.
However, Urias acknowledged in a recent court filing that restrictions on gun activity in places like playgrounds, where children play, “may very well be constitutional.” Although the order briefly granted state police the authority to impose civil penalties and fines of up to $5,000 for infractions, both the sheriff and Albuquerque’s police chief refused to enforce it. The order has sparked a strong response from advocates for gun rights, including Republican lawmakers who have threatened impeachment proceedings against Governor Lujan Grisham.
While some influential Democrats and civil rights leaders have expressed concerns that the governor’s actions could have unintended consequences for efforts to combat gun violence, the Democratic state attorney general has urged her to reconsider. Similar to New Mexico, other states such as California, Washington, Colorado, and Maryland have recently passed gun laws that are also facing legal challenges. Last week, California Governor Gavin Newsom signed nearly two dozen gun control measures, including a ban on carrying firearms in most public places and an increase in taxes on guns and ammunition sales. Newsom has acknowledged that some of these measures might not survive legal scrutiny, as a federal judge already struck down a state law banning guns with detachable magazines carrying more than 10 rounds.
In conclusion, New Mexico Governor Michelle Lujan Grisham’s attempt to restrict the carrying of guns in public areas during a public health emergency is facing legal challenges. Advocates for gun rights have filed lawsuits against the governor’s order, which has prompted a court hearing. While some Democrats and civil rights leaders have expressed concerns, others support the governor’s actions to combat gun violence. This legal battle mirrors similar conflicts in other states that have recently passed gun control laws.
