BREAKING: Biden-Appointed Federal Judge Halts New Mexico Governor’s Gun Ban
A federal judge appointed by President Joe Biden has granted a temporary restraining order against New Mexico Gov. Michelle Lujan Grisham’s (D) “public health” emergency executive order restricting the Second Amendment in Albuquerque and the surrounding area.
On Friday, Grisham suspended open and concealed carry laws in Albuquerque and the surrounding county — citing a “public health” emergency related to gun violence as justification to violate her constituents’ constitutional rights and her oath of office. Almost immediately after the order went into effect, citizens began protesting the order by openly carrying firearms in Albuquerque — while several lawsuits were filed against the Democrat governor’s order.
At the same time, New Mexico Attorney General Raúl Torrez (D) also announced that he will not be defending Grisham’s executive order — sending her a scathing letter pointing out that it was blatantly unconstitutional.
“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,” Torrez wrote, adding: “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.”
As these lawsuits continue through the court system, it is unclear how Grisham’s office will be defended — though the order has been struck down for now.
U.S. District Court Judge David Urias, who was appointed by Biden in 2021, granted the plaintiffs a temporary restraining order against Grisham’s anti-gun measure on Wednesday.
“They just want the right to carry their guns,” Urias wrote, referring to the plaintiffs who filed the lawsuit.
According to local news outlet KOB, the federal judge’s order only applies to Section 1 and Section 4 of the public health order.
Section 1 of Grisham’s order reads: “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 states: “No person, other than a law enforcement officer or licensed security officer, shall possess a firearm on state property, public schools, and public parks.”