Federal judge blocks New Mexico governor’s order on public gun ban, the rest stays for now

A federal judge in Albuquerque issued a ruling to temporarily stop the parts of the public health order issued by New Mexico Gov. Michelle Lujan Grisham that banned the possession of firearms in public settings.

U.S. District Judge David Urias issued the ruling from the bench Monday after hearing from multiple groups who are suing in five different civil lawsuits.

Urias did not rule on parts of the public health order related to drug use and monitoring, or suspending the state-run program to help minors accused of crimes avoid juvenile prison.

Urias said he agreed gun violence is a problem in Albuquerque, but said that the issue is “more narrow,” than that.

The ruling only blocks the sections of the public health order that restrict gun possession in public settings and issues a civil penalty if violated.

A further hearing is scheduled for Oct. 3 at 10 a.m.

N.M. public health order isn’t only about guns

Cameron Atkinson, the Connecticut-based attorney for one group of plaintiffs, called the case a battle before the  “coming war” between stringent public health statutes and the Constitution.

“We’re happy to say that today the Constitution won,” said Atkinson, who represents We The Patriots USA Inc. and Dennis Smith. He was confident plaintiffs will have a positive outcome in the October hearing.

Yesterday, New Mexico Attorney General Raúl Torrez said he would not defend the state’s case, saying he believed the order violated the state’s constitution.

He did say counsel for the governor or a private attorney could defend the state, which was the case as Holly Agajanian, the lead general counsel for the governor’s office appeared in court to defend the governor and other defendants.

Agajanian provided no comment for Source NM after the hearing.

In a written statement after the hearing, Lujan Grisham said she refused “to be resigned to the status quo,” and said she had seen “more attention” on resolving the gun violence crisis as a result of her order.

“We will stay the course by increasing State Police presence in Bernalillo County, arresting the hundreds of violent offenders with outstanding warrants still in our streets, and directing our healthcare system to immediately expand capacity to accept persons experiencing drug addiction and homelessness,” the statement said.

In the two executive orders, the governor requests emergency fundings not exceeding $750,000 for the three agencies: Department of Health, Department of Homeland Security and Emergency Management, and the Department of Public Safety.

A New Mexico State Police news release confirmed the dispatch of extra officers to “assist local agencies in criminal enforcement.”

Text messages and emails seeking more details – such as how many officers and the timeline – went unreturned from State Police spokespeople.