Latest federal court order favors right to carry guns in some New Mexico public parks
SANTA FE, N.M. — A U.S. District Court judge is standing by her decision to block parts of a public health order from New Mexico’s governor that would suspend the right to carry firearms in many public parks in the Albuquerque area while an appeal is pending to a higher court. court.
The Monday order from Albuquerque-based Judge Kea Riggs denied a request by the governor to implement a temporary ban on firearms in some public places in greater Albuquerque, including most public parks.
Riggs previously concluded that Governor Michelle Lujan Grisham has not demonstrated a historical tradition of banning firearms in public parks or similar areas, in response to a lawsuit by Torrance County resident James Springer – a plaintiff in one of several lawsuits filed against the governor by gun rights advocates.
“Our position is that this is not something that is contemplated under the Second Amendment,” said Springer’s attorney, A. Blair Dunn, as he applauded the judge’s order.
Last year, U.S. District Judge David Urias ruled in the other direction, with a victory for the governor. He rejected a call from other gun rights advocates to block temporary gun restrictions while the problems progress. It will likely be up to the U.S. 10th Circuit Court of Appeals in Denver to reconcile Urias and Riggs’ orders.
Lujan Grisham spokesperson Maddy Hayden said Tuesday that the governor “respectfully” disagrees with Riggs.
“Judge Riggs’ opinion ignores this case law and the vast amount of historical evidence in the record supporting the constitutionality of the temporary restrictions imposed by the public health system,” Hayden said in an email. “We respectfully disagree with the opinion and are confident that our pending appeal to the Tenth Circuit Court of Appeals will be successful.”
Lujan Grisham, a second-term Democrat, invoked the emergency regulations last year in response to a wave of gun violence, including the fatal shooting of an 11-year-old boy outside a minor league baseball stadium.
Gun rights advocates are also urging the New Mexico Supreme Court to block the orders. The court recently heard oral arguments in the lawsuit filed by Republican state lawmakers, the National Rifle Association and several Albuquerque-area residents.
The rest of the public health orders remain intact, including guidelines for monthly inspections of firearms dealers statewide, reports on gunshot victims in New Mexico hospitals, wastewater testing for illegal substances in schools and more.
During a 30-day legislative session that ends Feb. 15, Lujan Grisham is also advocating for a wide range of legislative proposals on gun control and tougher penalties for violent crimes.
On Tuesday, a proposal in support of New Mexico’s red flag gun law advanced past its first House committee hearing on a 4-2 party-line vote with Democrats supporting the bill from lawmakers including state Rep. Christine Chandler from Los Alamos. . The bill was voted against by two Republican lawmakers who are pursuing impeachment proceedings against the governor over her emergency measures on gun violence.
New Mexico’s red flag law, aimed at removing firearms from people who pose a danger to themselves or others, was introduced in 2020 in response to a mass shooting by a lone gunman at a Walmart store in El Paso, Texas, the year before. 23 people killed. Proposed changes would speed up the procedures for obtaining a warrant for the seizure of “extreme risk” firearms and expand the reach of people who can request the temporary removal of weapons to include health care professionals.
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This version corrects the spelling of Judge Kea Riggs’ first name and the number of people murdered in El Paso to 23, not 24.