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Biden-Appointed Judge Approves New Mexico Governor’s Gun Ban

Anastasia Boushee
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U.S. District Judge David Herrera Urias has issued a ruling allowing the blatantly unconstitutional ban on open and concealed carry implemented by New Mexico Gov. Michelle Lujan Grisham (D) to stay in effect.

The Democrat governor issued the executive order on September 8 — citing a “public health” emergency over gun violence. Her decision prompted calls for her resignation over the clear violation of her oath of office and her decision to disregard her constituents’ Second Amendment rights. The demands for her resignation grew stronger after Grisham admitted that her ban would not stop criminals — while claiming that it would send “a resounding message” to New Mexico citizens to report gun-related crimes.

Urias, who was appointed by President Joe Biden, issued the decision in support of Grisham’s ban on Wednesday. This is a reversal from the judge’s previous ruling on September 13 — when he granted a temporary injunction against the initial executive order prohibiting concealed and open carry in larger cities in New Mexico, such as Albuquerque.

In issuing the temporary injunction, Urias clarified that it would only be in place “until such time as the Court has ruled on the Plaintiffs’ motions for preliminary injunction, following a hearing at which all parties shall have the opportunity to present further argument to this Court.”

Two days after the temporary injunction, Grisham amended her unconstitutional ban — altering it so that it only applied to carrying a firearm in parks and playgrounds.

In his latest ruling, the judge sided with the Democrat governor’s amended ban — claiming that parks and playgrounds fall into the category of “sensitive places” and are therefore “excepted from the Second Amendment’s commands.”

The Republican Party of New Mexico has announced that it will continue to fight Grisham’s order in court.


“The purpose of the Constitution is clear: to keep the government from infringing on the rights of the people. The Second Amendment is clear, and the Governor’s action is a clear violation of the Constitution,” a statement from Republican Party of New Mexico Chairman and former Congressman Steve Pearce read.

“We will continue with RPNM’s lawsuit challenging her power to use public health orders to justify taking away New Mexicans’ rights,” the statement continued.

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