On September 8, Governor Michelle Lujan Grisham created a public health order to ban open and concealed carry in public in Albuquerque and Bernalillo County.
- Read: Executive Order
- Read: Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures
On Wednesday, lawyers for five different groups argued against the constitutionality of the order, and Judge David Urias agreed.
In court, attorneys for gun advocates argued there is no legal precedent for a governor to make this sort of order, the order is too broad, and it causes irreparable harm to law-abiding citizens by depriving them of their rights.
An attorney for the governor argued that this order is not a law but a temporary ban.
Ultimately, the judge sided with gun advocates.
The governor’s 30-day order has been in place since last Friday and was set to expire on October 8. After the judge’s decision, a temporary restraining order (TRO) that prevents the enforcement of the order was enacted Wednesday at 2:55 p.m. and will last until October 3.
The governor released a statement in response to the TRO.
“Today, a judge temporarily blocked sections of our public health order but recognized the significant problem of gun violence in this state. I refuse to be resigned to the status quo, and I will never stop fighting to prevent other families from enduring these tragedies.”Gov. Lujan Grisham