Federal judge blocks New Mexico governor's suspension of public carry gun rights

U.S. District Judge David Urias issued the ruling.

Published: September 13, 2023 5:18pm

Updated: September 14, 2023 3:36am

A federal judge on Wednesday blocked part of New Mexico Democratic Gov. Michele Lujan Grisham's public health order suspending the carrying of firearms in public in Albuquerque.

U.S. District Judge David Urias issued the ruling, per the Associated Press. The governor issued the order on Friday in the wake of the shooting of an 11-year-old boy outside a baseball stadium.

The 30-day order would have barred the open and concealed carry of guns within the city and imposed fines on violators. The move drew scrutiny from gun rights advocates, Republicans, and Democrats alike over concerns about its constitutionality.

State Attorney General Raul Torrez, a Democrat, announced Tuesday that he would not defend the governor's order, saying "I do not believe that the Emergency Order will have any meaningful impact on public safety... I do not believe it passes constitutional muster."

California Democrat Congressman Ted Lieu, a gun control advocate, raised eyebrows with his quick condemnation of Lujan Grisham's order, stating on X that "I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution."

Lujan Grisham's order prompted a bevy of legal challenges from gun rights groups and even drew calls for her impeachment.

Ben Whedon is an editor and reporter for Just the News. Follow him on X, the social media platform formerly known as Twitter.

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