New Mexico Gun Ban: Governor Narrows Order Following Widespread Opposition

(Photo : Toya Sarno Jordan/Getty Images)
New Mexico Gov. Michelle Grisham narrows the scope of her gun ban after widespread opposition and a judge calling the decision unconstitutional.

New Mexico Gov. Michelle Grisham narrowed her recent public health order to suspend open and concealed carry of firearms less than a month after announcing the effort.

A federal judge in the Albuquerque metro area has also blocked Grisham's effort. Following the widespread opposition to her order, the governor revised the ban, limiting it only to be implemented in parks and playgrounds in Albuquerque and its surrounding county.

New Mexico Gun Ban

Earlier this month, Grisham first announced the ban, which would have banned carrying firearms in all public spaces throughout Albuquerque and the surrounding county for 30 days. The governor described the decision as a crucial response to gun violence in the area, which is an issue that she declared a public health emergency across the state.

Immediately after the announcement of the ban, lawmakers from both sides of the aisle quickly criticized Grisham's decision. Additionally, demonstrators on Tuesday were in downtown Albuquerque to rally in protest of the order, with some wearing holstered handguns and carrying rifles, as per the Washington Post.

New Mexico Attorney General Raul Torrez also told the governor that he would not defend the rule in court because he believes it is unconstitutional. Additionally, Bernalillo County Sheriff John Allen, a Democrat, said there was no way to enforce Grisham's order.

In a statement on Monday, Allen asked if there was a realistic way to enforce the order, saying that there was not because they would cut off that conversation because it was unconstitutional. Several groups have also worked to block Grisham's order.

On Wednesday, U.S. District Judge David Urias sided with plaintiffs and pressed pause on the ban, granting a temporary restraining order to block the New Mexico governor's policy. On Friday, Grisham said that she would continue pushing her efforts to ensure that everyone uses every resource available to end the public health emergency.

Widespread Opposition

Bernalillo County resident Randy Donk and the Gun Owners of America also filed a lawsuit against Grisham and other state officials. According to CNN, it likens the governor's executive order and public health emergency declaration to "martial law," arguing that it is a suspension of constitutional rights.

In his ruling, Urias said that the violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury. The judge's temporary restraining order will remain in effect until at least Oct. 3, when the next hearing is scheduled.

Grisham's revised public health order notes that law enforcement officers, security officers, and active-duty military personnel are exempt from the ban. The New Mexico governor responded to the judge's ruling on her policy by citing the effects of gun violence in the area.

She noted that in four days, she has seen more attention on resolving the crisis of gun violence than she has ever observed in the last four years. Grisham said that New Mexico residents should be able to feel safe walking from school, driving to the grocery store, or leaving their hometown baseball stadium, said Fox News.