In the ongoing legal dispute over weapons restrictions in Albuquerque, New Mexico parks, Judge Kea Riggs overturns some of Governor Michelle Lujan Grisham’s health directive.
The order sought to suspend the right to carry firearms in many public parks in the Albuquerque area. Appeals are currently pending before a higher court, introducing further complexity into the ongoing dispute.
Judge Riggs’s Monday order denied the governor’s request to maintain a temporary ban on firearms in certain public places in greater Albuquerque, including most public parks.
The judge had previously argued that Governor Lujan Grisham failed to demonstrate a historical tradition of banning firearms in such areas, responding to a lawsuit filed by Torrance County resident James Springer, a plaintiff representing gun rights advocates.
Springer’s attorney, A. Blair Dunn, praised the judge’s order, emphasizing that such firearm restrictions were not contemplated under the Second Amendment. The legal landscape witnessed a previous ruling by US District Judge David Urias favoring the governor last year.
Urias rejected a request from other gun rights advocates to block temporary firearm restrictions. It is likely that the divergent rulings will undergo a resolution process at the United States 10th Circuit Court of Appeals in Denver.
New Mexico’s Proposed Gun Law Reforms
Governor Lujan Grisham’s spokesperson, Maddy Hayden, expressed disagreement with Judge Riggs’s opinion, citing case law and historical evidence supporting the constitutionality of the temporary restrictions imposed by the public health order.
Despite the setback, the governor remains confident in the ongoing appeal to the Tenth Circuit Court of Appeals.
The governor had invoked emergency orders last year in response to a surge in gun violence, including the fatal shooting of an 11-year-old boy. Gun rights advocates, including the National Rifle Association and Republican state legislators, are urging the New Mexico Supreme Court to block the orders.
While many public health orders remain intact, including firearm dealer inspections and reporting on gunshot victims, Lujan Grisham is actively pushing for legislative proposals on gun control and enhanced penalties for violent crime during the current 30-day legislative session.
On Tuesday, a proposal to strengthen New Mexico’s red-flag gun law advanced in its first House committee hearing, supported by Democrats and contested by Republicans pursuing impeachment proceedings against the governor for her emergency health orders on gun violence.
The proposed changes aim to expedite procedures for obtaining an extreme risk order and expand the range of people who can petition to temporarily remove guns.