A federal judge granted a temporary restraining order on Wednesday against New Mexico Democrat Governor Michelle Lujan Grisham’s suspension of gun carry laws in Albuquerque and the surrounding area.
The order from U.S. District Court Judge David Urias, who was appointed by President Joe Biden, only applies to Section 1 and Section 4 of the public health order, according to local media.
“They just want the right to carry their guns,” Urias said of the plaintiffs who filed the lawsuit against Grisham’s Sept. 8 emergency public health order.
Section 1 said, “No person, other than a law enforcement officer or licensed security officer, shall possess a firearm … either openly or concealed, within cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021” according to official government statistics.
Section 4 stated, “No person, other than a law enforcement officer or licensed security officer, shall possess a firearm on state property, public schools, and public parks.”
New Mexico Attorney General Raul Torrez, a Democrat, said this week that he would not defend Lujan Grisham’s controversial gun order in court.
“I am writing to inform you that my office will not defend your administration in the above referenced cases challenging [your order],” Torrez wrote told Grisham in a letter. “Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence.”
“Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster,” he added. “I encourage you to engage in a more thoughtful and deliberative process with members of the New Mexico Legislature rather than taking unilateral action that infringes on the constitutional rights of law-abiding citizens while having little if any discernible impact on the underlying dynamics driving gun violence in our community.”
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