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New Mexico: Federal judge blocks executive order suspending gun rights

David Herrera Urías ruled that the order prohibiting open and concealed possession of guns issued by Governor Michelle Lujan Grisham is a "violation of a constitutional right."

Michelle Lujan Grisham, gobernadora de Nuevo México

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A federal judge temporarily blocked part of the public health order issued by New Mexico Governor Michelle Lujan Grisham, a Democrat, which suspended the right to "concealed and open" carry of guns in public in Albuquerque and Bernalillo County for at least one month.

Lujan Grisham argued that the order was necessary due to the increase in crimes and deaths related to gun violence that have occurred lately in the state. However, despite her reasoning, the order received harsh criticism. Many officials, including Democrats, called it unconstitutional, and some gun-rights groups filed lawsuits calling for its suspension.

District Judge David Herrera Urías agreed with the plaintiffs and argued that the order violated the constitution. The judge declared that action must be taken "in the face of these terrible deaths," but argued that the order went against the outcome of a landmark Supreme Court ruling that citizens have the right to bear arms for self-defense in public:

They just want the right to bear arms. The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable harm.

121113193136 by Veronica Silveri on Scribd

Other mandates included in the order were not changed or suspended, including: monthly reviews of gun dealers and reports on gun victims who are treated at state hospitals.

The order was blocked until early October, when another hearing will be held to deliberate on the case.

Response from Governor Lujan Grisham

The governor responded to the judge's ruling by saying she refuses to "be resigned to the status quo" and stated that she "intends to update the public health order with additional measures to address public safety and health shortly":

"Over the past four days, I’ve seen more attention on resolving the crisis of gun violence than I have in the past four years. Now is the time to bring clarity of purpose: New Mexicans must again feel safe walking home from school, driving to the grocery store, or leaving their hometown baseball stadium ... And I call on leaders across the state, from local law enforcement to the Legislature to mayors and county commissioners: Stand with me to enact solutions that save people’s lives. Throwing up our hands is not an option," concluded the state governor.

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