On September 13, 2023, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) secured a temporary restraining order (TRO) in U.S. District Court against New Mexico Governor Michelle Lujan Grisham, who had used a “public health order” to unlawfully ban the carrying of firearms in Albuquerque.
Judge David Urias, who was appointed by President Biden, issued his ruling from the bench in response to GOA and GOF’s federal lawsuit. Gov. Grisham signed an emergency order banning both open and concealed firearms in Albuquerque and surrounding Bernalillo County on Sept. 12.
Erich Pratt, GOA’s Senior Vice President, said, “We are ecstatic that Judge Urias agreed with us that Gov. Grisham simply can’t trash the Constitution whenever she sees fit. Gun Owners of America will continue pressing to extend this Temporary Restraining Order into a permanent order. And we will not rest until all those in New Mexico who played a role in this action are held accountable for this gross assault on our rights.”
Further, Pratt said, This is the most dangerous type of government wielded tyranny—the claim by politicians that there are supposedly ‘exceptions to the Second Amendment.’ But, they are quite wrong.”
Gov. Grisham’s ban was part of a public health emergency declaration over gun violence and drug abuse. The order included a 30-day suspension of open and concealed carry laws in Bernalillo County and a ban on the carrying of guns on state property, including state buildings, schools and some parks.
Sam Paredes, on behalf of the board for GOF, added, “The thought of elected leaders claiming they have the authority to unilaterally suspend rights guaranteed under the Constitution during a designated ‘emergency’ is truly terrifying, and the very reason we the people are guaranteed the right to bear arms.”
During a Sept. 8 news conference, Lujan Grisham said she did not believe her order would stop criminals in Albuquerque from carrying a gun on the streets.
State police were to handle civil violations of the order, which could have resulted in fines of up to $5,000 for violators.