New Mexico governor's carry ban lawsuits

[LiveLife]

Update to NAGR v Grisham (NM carry ban).

National Association for Gun Rights sues governor Grisham over carry ban - https://nationalgunrights.org/resou...rights-sues-gov-lujan-grisham-over-carry-ban/

Complaint: https://gunrightsfoundation.org/wp-content/uploads/Complaint-1.pdf

TRO motion: http://gunrightsfoundation.org/wp-content/uploads/Motion-for-TRO.pdf

9/9/23 - National Association for Gun Rights (NAGR) and Foster Haines (NAGR member and Albuquerque resident) filed a lawsuit against Governor Michelle Lujan Grisham and Secretary of Health Patrick Allen for Executive Order 2023-130 and a subsequent Public Health Emergency Order issued by the Secretary, which bans the public carry of firearms in Albuquerque for 30 days.​

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Plaintiffs are asking for a Temporary Restraining Order and a repeal of the Order.​

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NAGR argues the Order is unconstitutional on the merits of the Supreme Court’s ruling NYSRPA v. Bruen, which held New York’s ban on the public carry of firearms unconstitutional. Bruen also held that any gun regulation that does not fall into the text, history, and tradition of the Second Amendment is unconstitutional.​

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“Gov. Luhan Grisham is throwing up a middle finger to the Constitution and the Supreme Court,” said Dudley Brown, President of the National Association for Gun Rights. “Her Executive Order is in blatant disregard for Bruen. She needs to be held accountable for stripping the God-given rights of millions away with the stroke of a pen.”​

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Gov. Luhan Grisham declared a state of emergency over “gun violence” and used emergency powers to carry out the ban.​

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“This is the very danger of runaway executives who believe they have unilateral authority to suspend the Constitution under the guise of an ‘emergency,’” continued Brown. “This is exactly what we warned about during COVID. It’s a tale as old as time, give emergency powers, lose fundamental rights. Google ‘Caesar’ if you want to know how that turns out.”​

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The National Association for Gun Rights argues Gov. Lujan Grisham overstepped her Constitutional authority in issuing Executive Order 2023-130 and looks forward to its day in court.​

 

[LiveLife]

Update to Donk v Grisham (NM carry ban) - https://www.gunowners.org/goa-gof-f...s-tyrannical-gun-ban-via-public-health-order/

September 10, 2023 - Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a federal lawsuit challenging New Mexico Governor Michelle Lujan Grisham’s gross and egregious violation of the U.S. Constitution through her “public health order” to unlawfully ban the carrying of firearms in Albuquerque.​

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The suit, and an immediate request for a temporary restraining order/preliminary injunction, were filed in U.S. District Court for the District of New Mexico.​

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Erich Pratt, GOA’s Senior Vice President, issued the following statement: ​

“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, and tyrants like Michelle Lujan Grisham can’t trash the Constitution whenever they see fit. Gun Owners of America will stand firm and 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 and our very system of self-government.” ​

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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. We’ve been saying for quite some time now that we will not rest until politicians fall in line with the law, but in this case, we would certainly hope that the people and lawmakers of New Mexico think long and hard about permanently removing this tyrant from office.”​

 

[LiveLife]

Update to Fort v Grisham (NM carry ban) - https://assets.nationbuilder.com/fi...94432/Fort_v_Grisham_Complaint.pdf?1694494432

Plaintiffs ZACHARY FORT, FIREARMS POLICY COALITION, INC., SECONDAMENDMENT FOUNDATION, and NEW MEXICO SHOOTING SPORTS ASSOCIATION, by and through counsel of record, Aragon Moss George Jenkins, LLP (Jordon P. George), bring this Complaint against Defendants, officials of the State of New Mexico, for infringing the right of law-abiding, peaceful citizens to carry firearms for defense of self and family and for other lawful purposes

Motion for Temporary Restraining Order and Preliminary Injunction filed - https://assets.nationbuilder.com/fi...694494431/Fort_v_Grisham_3_TRO.pdf?1694494431

• Case revolves around two emergency orders (collectively, the “Orders”) which have the effect of making it unlawful for Plaintiffs, or for any ordinary, law-abiding citizens, to carry firearms in public for self-defense in Bernalillo County and Albuquerque.
• Executive Order 2023-130 was announced on 9/7/23 ... New Mexico Governor Michelle Lujan Grisham declared “a statewide public health emergency of unknown duration,” and “man-made disaster causing or threatening widespread physical or economic harm that is beyond local control” as a result of “gun violence” and “gun deaths.”
• Department of Public Health issued an emergency order which bars ordinary, law-abiding citizens from carrying firearms in public for self-defense in any “cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021” and “more than 90 firearm-related emergency department visits per 100,000 residents.” Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures ... The PHE Order lasts as long as the declared emergency
• Orders also make it illegal to possess a firearm on all state property, including public parks
• Orders Are Blatantly Unconstitutional ... courts begin by assessing the plain text of the Second Amendment ... Bruen ... burden is on the government to justify its regulation by demonstrating it “is consistent with this Nation’s historical tradition of firearm regulation.” ... Supreme Court squarely held that “law-abiding citizens have a . . . right to carry handguns in publicly for self-defense.” ... undertook an exhaustive review of the history of regulations ... American governments simply have not broadly prohibited the public carry of commonly used firearms for personal defense.” ... Bruen also held that there is “no historical basis” to declare an entire city or county as a “sensitive place” in which the right to carry a firearm may be restricted.

FPC press release - https://www.firearmspolicy.org/fpc-challenges-new_mexico-governors-total-carry-ban

ALBUQUERQUE, NM (September 12, 2023) – Firearms Policy Coalition (FPC) announced today that it has filed a new Second Amendment lawsuit challenging New Mexico Governor Michelle Lujan Grisham’s executive order banning firearm carry in Bernalillo County and Albuquerque. The complaint and motion for a temporary restraining order in Fort v. Grisham can be viewed at FPCLaw.org.
“This restriction is in flagrant violation of Plaintiffs’ right to carry firearms in public for self-defense, a right that has been clearly established by the United States Supreme Court,” argues the complaint. “Indeed, the Orders perversely target the right to carry in the places where self-defense is most necessary.”
“Gov. Grisham’s order is blatantly unconstitutional, and we will not stand by while she violates the rights of peaceable New Mexicans,” said Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President of Legal, and counsel for FPC. “This is not the first time Gov. Grisham has abused her emergency powers to violate the rights of peaceable people. Just as we did during the pandemic, we look forward to ending yet another of the governor’s tyrannical orders.”
FPC is joined in the litigation by the Second Amendment Foundation and New Mexico Shooting Sports Association.

 

[LiveLife]

Lawsuits against NM governor's carry ban is growing.

Where the lawsuits attempting to block NM firearm restrictions stand - https://sourcenm.com/2023/09/12/whe...pting-to-block-nm-firearm-restrictions-stand/

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Hearing postponed for Donk v. Grisham​

• Hearing scheduled for Tuesday for lawsuit filed by GOF/GOA was canceled on Monday afternoon, the same day it was scheduled by judge Urias
• Hearing will be rescheduled at a later date, according to online records from the federal courts system.
• A federal judge will determine the request to temporarily exempt officials like state officers from having to enforce Lujan Grisham’s public health order.

Judges assigned to National Association for Gun Rights v. Grisham​

• NAGR and Albuquerque resident Foster Allen Haines filed their lawsuit against Lujan Grisham and Allen on Saturday.
• Urias and Fashing are the judges assigned for this case.
• There’s no scheduled hearing date, as of Monday evening.
• White requested that a hearing be set within a week.
• He also filed a notice on Monday that the three other civil lawsuit cases are related to this one with overlapping defendants, claims or parties.

Judges assigned to Blas v. Grisham​

• The case filed by Bernalillo County resident Shawn Blas, represented by Albuquerque-based attorney Marc Lowry
• Urias and Fashing are the assigned judges for this case.
• There’s no scheduled hearing date, as of Monday evening.
• Lowry had requested on Monday that a half hour-long hearing be set for the same day, which didn’t happen.
• The defendants got a summons to court on Monday for this case.

Judges assigned to We The Patriots USA INC. v. Grisham​

• We The Patriots USA, Inc., a nonprofit focused on protecting constitutional rights, and Dennis Smith, Albuquerque resident and member of We The Patriots, are represented by Connecticut-based attorney Cameron Atkinson and Gallup, N.M.-based attorney Jeremy Gay
• Lujan Grisham, Allen, Bowie, Weisler and Albuquerque Police Department Chief Harold Medina are named as defendants.
• Urias and Fashing are the assigned judges for this case.
• There’s no scheduled hearing date, as of Monday evening.
• Atkinson also requested on Monday that a 30-minute hearing be set for the same day, which didn’t happen.

 

[Sniper66]

Interesting and troubling how easily Grisham justifies ignoring the Constitution. She has zero qualms about sacrificing the rights of law-abiding citizens.

 

[Anchorite]

Interesting and troubling how easily Grisham justifies ignoring the Constitution. She has zero qualms about sacrificing the rights of law-abiding citizens.

The same could be said for the majority of politicians across the country and in DC. The bigger question - to me at least, is why these folks disregard the constitution and where is their staff that they have to tell them its not going to work? Are we so hyper-partisan now that it’s come to this?

I’m surprised we have leadership that doesn’t understand or comprehend our system of government by the people, for the people, and merely view it as their platform for whatever twisted agenda they may have that month.

New Mexico may be the first test ground, but I fear it won’t be the last.

 

[LiveLife]

Lawsuits challenging NM governor's carry ban are scheduled for a hearing today at 1 PM - https://apnews.com/article/guns-ope...ico-governor-b2f400c1e43ed6e3fcc8f4d6f1403d12

• A hearing is scheduled Wednesday afternoon in Albuquerque
• Those challenging the carry ban are asking U.S. Judge David Urias to strike down governor's public health order, alleging that it infringes on civil rights afforded by the Second Amendment of the U.S. Constitution.
• Law enforcement officials in Albuquerque and surrounding Bernalillo have vowed not to enforce the order
• Democratic state AG said he will not defend governor's carry ban

Grisham's gun ban gets its day in court - https://bearingarms.com/camedwards/2023/09/13/grishams-gun-ban-gets-its-day-in-court-n74784

... U.S. District Judge David Urias scheduled and then unscheduled the first hearing in a lawsuit challenging New Mexico Gov. Michelle Lujan Grisham’s “emergency” ban on bearing arms in the city of Albuquerque and Bernalillo County ... allowing all the plaintiffs in the now half-dozen lawsuits to have a seat at the table ... On Tuesday ... Urias issued a new order ... alerting the parties to a new hearing date: today at 1 p.m. Mountain Time.​

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With New Mexico Attorney General Raul Torrez refusing to defend the governor’s order, it’s still unclear who will be on hand to represent Grisham in federal court ... facing ... plaintiffs attorneys with the same message ... Grisham’s order ... violating the Second Amendment rights of their clients.​

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... question before Urias is simple: does Grisham have the authority to completely negate the right to bear arms, even “temporarily”, under the guise of a public health emergency? The answer is just as simple as the question: no, she does not.​

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... Urias could issue a decision from the bench at the conclusion of today’s hearing, but it’s more likely that he’ll take a day or two to consider the arguments from both sides before handing down his ruling on the request for a restraining order.​

 

[old lady new shooter]

TRO granted, see SAF press release at https://www.thehighroad.org/index.p...-comments-replies-please.887535/post-12716031

 

[LiveLife]

Update to Fort v Grisham (NM carry ban) - https://www.thehighroad.org/index.p...nors-carry-ban-lawsuits.923017/#post-12715206

Federal Judge Issues Temporary Restraining Order Enjoining New Mexico Governor’s Total Carry Ban - https://www.firearmspolicy.org/fede...njoining-new-mexico-governors-total-carry-ban

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ALBUQUERQUE, NM (September 13, 2023) – Firearms Policy Coalition (FPC) announced today that United States District Court Judge David Urias has issued a temporary restraining order against New Mexico Governor Michelle Lujan Grisham’s executive order banning firearm carry in Bernalillo County and Albuquerque. The order in Fort v. Grisham, which Judge Urias said will be issued either this afternoon or tomorrow, will be viewable at FPCLaw.org.​

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“We’re thrilled that the Court has ruled in our favor and upheld the Second Amendment, the U.S. Constitution, and Supreme Court precedent,” said Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President of Legal, and counsel for FPC. “Gov. Grisham’s executive order is blatantly unconstitutional and we look forward to continue proving as much in Court.”​

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FPC is joined in the litigation by the Second Amendment Foundation and New Mexico Shooting Sports Association.​

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From FPC - https://twitter.com/gunpolicy/status/1702064186723889357

The judge says he will issue a written order granting the temporary restraining order against the New Mexico governor's carry ban either today or tomorrow, but it is effective AS OF 2:55PM TODAY. A hearing on the motions for preliminary injunction will be held on October 3rd.​

 

[LiveLife]

More from Bearing Arms on today's announcement of TRO against NM governor - https://bearingarms.com/camedwards/...ederal-judge-restraining-order-granted-n74826

• Biden appointee U.S. District Judge David H. Urias ruled against the governor ... that under the Supreme Court precedent he “has to” follow ... suspending the right to carry ... likely ... violate the Second Amendment; granting a temporary restraining order and halting ... enforcement
• Urias found the governor’s order too much of an overreach ... that she had a “hard road here, especially given the Supreme Court’s holding in Bruen.”
• ... governor’s attorney sounded like a political speech, not a legal argument ... There are plenty of things the governor could do without infringing on the rights of residents ... call out the National Guard to assist the Albuquerque police ... bring back legislators to Santa Fe to work on a crime bill ... request help for Bernalillo County from outside jurisdictions ... move state troopers from outlying areas into the city ... She’s done none of that
• We’ll see if the governor appeals the judge’s order to the Tenth Circuit, but don’t be surprised if ... a new and expansive list of “sensitive places” across the entire state in short order ... if she can’t ban the carrying of guns in the entirety of Bernalillo County she may very well try to do it piece-by-piece as we’ve seen in New York, New Jersey, and most recently, California

Ex FPC attorney discuss TRO issued against NM governor's carry ban

 

[Sniper66]

That is the quickest smack down I ever heard of. At last, a judge who uses the power of the court appropriately, legally, and in the way most voters want. Hooray!!

 

[Hooda Thunkit]

What I see is the complete lack of the NRA jumping in with a lawsuit.

Lately it seems the NRA will just stay back and wait to see which way the wind is blowing, then jump in later when the heavy lifting is already done.

 

[DoubleMag]

Urias found the governor’s order too much of an overreach ... that she had a “hard road here, especially given the Supreme Court’s holding in Bruen.”

The benefits of Bruen yet again!!!

 

[Robert]

The injunction is in place. If something significantly changes we can revisit this.