District Judge puts restraining order on governor’s firearms order

A U.S. District Court Judge in Albuquerque Wednesday, Sept. 13, issued a restraining order against two sections of Gov. Michelle Lujan Grisham’s Sept. 8 emergency order suspending legal firearm carry in Bernalillo County.

Judge David Herrera Urias ruled the governor’s temporary emergency order was in direct conflict with the Second Amendment. Urias stopped implementation of the order pending a final hearing, scheduled for Oct. 3.

The two sections of Grisham’s order the restraining order applies to are Section 1, which states that no person, other than a law enforcement or licensed security officer shall possess a firearm either open or concealed, and Section 4, which disallows possession on state property, public schools and public parks.

Grisham issued her suspension through a public health order, citing a public health emergency due to recent gun-related deaths of children in Bernalillo County. Earlier this week, New Mexico Attorney General Raul Torrez, sent a letter to Grisham saying his “office will not defend your administration” against multiple challenges.

Torrez added “it is unwise to stretch the definition of ‘public health emergency’ to encompass something that is fundamentally a public safety issue.”

Senate Republican Leader, Senator Greg Baca (R-Belen) issued the following statement regarding the ruling: “We applaud the judge’s ruling against the governor and her unconstitutional order ... We hope this ruling and the vast backlash to this order sends a clear message to the Governor and her allies—the people have had enough, and we will not stand by idly and allow our freedoms and rights to be eroded.”

Herrera was appointed by President Joe Biden and began serving on the bench in January 2022. He was confirmed in the Senate by a strict party line vote of 44-26, with all of the yea votes coming from Democrats.