2023 Albuquerque gun ban

On September 7, 2023, the Governor of New Mexico, Michelle Lujan Grisham signed an emergency order banning firearms in Albuquerque and Bernalillo County for 30 days.[1][2]

Background

Lujan Grisham gave the order in response to three mass shootings in New Mexico so far in 2023, including the Farmington, New Mexico shooting.[2] On September 13, U. S. District Judge David H. Urias blocked enforcement of the ban until October 3, citing the Second Amendment to the United States Constitution.[3][4]

Further developments

On September 16, Lujan Grisham narrowed the ban to playgrounds and parks and "other public areas provided for children to play in." A third order dropped this last clause, and Urias has let the ban on guns in playgrounds and parks stand.[5][6][7] The most recent order is now set to expire on November 3.[6]

Text of the order

The section of the first emergency order suspending the right to carry in public reads as follows:

(1) No person, other than a law enforcement officer or licensed security officer, shall possess a firearm, as defined in NMSA 1978, Section 30-7-4.1, either openly or concealed, within cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021 according to Federal Bureau of Investigation’s Uniform Crime Reporting Program AND more than 90 firearm-related emergency department visits per 100,000 residents from July 2022 to June 2023 according to the New Mexico Department of Public Health, except:

A. On private property owned or immediately controlled by the person;

B. On private property that is not open to the public with the express permission of the person who owns or immediately controls such property;

C. ‘While on the premises of a licensed firearms dealer or gunsmith for the purpose of lawful transfer or repair of a firearm;

D. While engaged in the legal use of a firearm at a properly licensed firing range or sport shooting competition venue; or

E. While traveling to or from a location listed in Paragraphs (1) through (4) of this section; provided that the firearm is in a locked container or locked with a firearm safety device that renders the firearm inoperable, such as a trigger lock.

Reaction

Albuquerque Police Chief Harold Medina and Bernalillo County Sheriff John Allen both said they would not enforce the original order,[8] the latter stating it was unconstitutional.[9] The Attorney General of New Mexico, Raúl Torrez, said he would not defend the governor's administration against lawsuits challenging the order.[10]

See also

References
  1. Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures
  2. Mascarenhas, Lauren (12 September 2023). "New Mexico's governor just temporarily banned the public carrying of firearms in Albuquerque. Here's what you need to know". CNN. Retrieved 15 September 2023.
  3. Deliso, Meredith (13 September 2023). "Judge temporarily blocks New Mexico governor's order suspending right to carry firearms in public". ABC News. Retrieved 15 September 2023.
  4. Egbuonu, Faith (13 September 2023). "Federal judge blocks New Mexico's gun ban issued by Gov. Michelle Lujan Grisham". KOAT. Retrieved 15 September 2023.
  5. Romine, Taylor (16 September 2023). "New Mexico governor narrows gun ban to playgrounds, parks in Albuquerque and surrounding county". CNN. Retrieved 13 October 2023.
  6. Fisher, Austin (13 October 2023). "Judge upholds temporary gun ban in public parks and playgrounds in Bernalillo County". Source New Mexico. Retrieved 13 October 2023.
  7. Lee, Morgan (11 October 2023). "Federal judge won't block suspension of right to carry guns in some New Mexico parks, playgrounds". Associated Press News. Retrieved 13 October 2023.
  8. Lee, Morgan (9 September 2023). "New Mexico governor issues order suspending the right to carry firearms in public across Albuquerque". Associated Press News. Retrieved 15 September 2023.
  9. Montoya Bryan, Susan (11 September 2023). "Outrage intensifies over New Mexico governor's temporary gun ban as sheriff vows not to enforce it". Associated Press News. Retrieved 15 September 2023.
  10. Choi, Inyoung (12 September 2023). "New Mexico attorney general says he won't defend governor's gun ban in court". NBC News. Retrieved 15 September 2023.
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