Federal Judge Rejects New Mexico Governor’s Gun Ban, Citing Second Amendment Rights
In a significant victory for gun rights advocates, a federal judge has struck down New Mexico Governor Michelle Lujan Grisham’s ban on carrying guns. The ban, which aimed to curb gun violence, was deemed a violation of the Second Amendment by U.S. District Court Judge David Urias.
Governor Lujan Grisham declared a public health emergency in response to recent gun violence and sought to suspend the right to carry firearms for 30 days. However, the ban faced immediate legal challenges, with lawsuits filed and local officials refusing to enforce it.
Judge Urias’s ruling cited the 2022 U.S. Supreme Court case of New York State Rifle & Pistol Association, Inc. v. Bruen, which affirmed individual gun rights. He emphasized that the ban went against the Supreme Court’s decision and disregarded citizens’ constitutional rights.
To be honest with you, I think you have kind of a hard road here to get up, Judge Urias told the state attorney defending the ban. Urias, who was appointed by President Joe Biden, allowed certain provisions of the ban not related to firearms, such as analyzing gun sales and scanning wastewater for fentanyl, to remain in effect.
Gun rights advocates applauded the decision, emphasizing the importance of upholding the Second Amendment. Jason Bowles, a lawyer for the National Association for Gun Rights, argued during the hearing that the Second Amendment does not have any exceptions, even during a state governor’s emergency declaration.
State Senate Republican leader Greg Baca expressed concern over the governor’s disregard for the Constitution and applauded the ruling. He highlighted the need for the governor and her allies to recognize the public’s opposition to eroding citizens’ freedoms and rights.
The Firearms Policy Coalition, which opposed the ban, also celebrated the court ruling. Cody J. Wisniewski, the organization’s General Counsel and Vice President of Legal, labeled Governor Grisham’s executive order as unconstitutional and expressed the coalition’s commitment to proving its illegality in court.
The temporary restraining order issued by Judge Urias will remain in effect until October 3, when a hearing on the ban will take place. The New Mexico Chiefs of Police Association acknowledged the concern for gun violence but criticized the governor’s approach, arguing that curbing the rights of law-abiding citizens instead of targeting criminals is unjustified.
This ruling showcases the ongoing debate and controversy surrounding gun control measures in the United States. While there is a consensus on addressing gun violence, finding the right balance between public safety and individual rights remains a complex challenge.
In summary, a federal judge has struck down New Mexico Governor Michelle Lujan Grisham’s gun ban, citing violations of Second Amendment rights. The ruling emphasizes the importance of upholding individual gun rights and calls for a balanced approach to addressing gun violence.
