A federal judge in New Mexico has ruled in favor of upholding a public health order that temporarily suspends the right to carry guns at public parks and playgrounds in the state’s largest metro area. The order, issued by U.S. District Judge David Urias, denies a request from gun rights advocates to block the firearms restrictions while legal challenges are ongoing.
This decision is seen as a victory for Governor Michelle Lujan Grisham, who has been pushing for temporary gun restrictions in response to recent shootings in the state that have resulted in the deaths of children.
This case is part of a larger trend in politically liberal-leaning states, where officials are exploring new avenues for gun restrictions in the aftermath of a U.S. Supreme Court decision last year that expanded gun rights.
In New Mexico, these attempted restrictions have sparked public protests, Republican calls for the governor’s impeachment, and divisions among top Democratic officials.
Governor Lujan Grisham, a Democrat, has consistently argued that certain sensitive public spaces should be off-limits for open or concealed carry of firearms.
Gun rights advocates have filed multiple lawsuits and court motions to block these restrictions, contending that they infringe on residents’ Second Amendment rights to carry firearms in public for self-defense.
However, Judge Urias ruled that the plaintiffs had not demonstrated a strong likelihood of success in court and denied their request for an injunction.
The governor’s initial order sought to suspend gun-carry rights in most public places in the Albuquerque area, but the current version only applies to public parks and playgrounds. The order contains an exception that allows access to a municipal shooting range park. The restrictions are based on a statistical threshold for violent crime that applies specifically to Albuquerque and the surrounding area.
While state police have the authority to enforce civil penalties and fines of up to $5,000 under the order, the sheriff and Albuquerque’s police chief have refused to enforce it.
The rest of the public health order remains in effect, including provisions for monthly inspections of firearms dealers, reporting on gunshot victims at New Mexico hospitals, wastewater testing for illicit substances at schools, and safe-surrender programs for unwanted firearms.
