Federal Judge Slaps Temporary Restraining Order On New Mexico Gun Grab

Federal Judge Slaps Temporary Restraining Order On New Mexico Gun Grab

Federal Judge Slaps Temporary Restraining Order On New Mexico Gun Grab

As of today, the gun grab that New Mexico Governor Michelle Lujan Grisham tried to put in place is halted. A federal judge slapped a temporary restraining order on this huge Constitutional overreach.

Keep in mind that even a significant number of Democrats realized this arbitrary and very unConstitutional move was a gigantic misstep. Furthermore, the police chief, the sheriff, and even the New Mexico Attorney General has informed the world that this Emergency edict issued in the name of Public Health wasn’t workable. 

Which is also why New Mexico Attorney General Raúl Torrez was NOT in court to represent the state and the Governor. 

A federal judge has blocked part of a public health order that suspended the right to carry guns in public across New Mexico’s largest metro area for 30 days, as criticism mounted over the actions taken by the governor and political divides widened.

The ruling Wednesday by U.S. District Judge David Urias marks a setback for Democratic New Mexico Gov. Michelle Lujan Grisham as she responds to several recent shootings that took the lives of children, including an 11-year-old boy as he left a minor league baseball game in Albuquerque.

Lujan Grisham imposed an emergency public health order Friday that suspended the right to open or concealed carry of guns in public places based on a statistical threshold for violent crime that is only encountered in Albuquerque and its outskirts. The governor cited recent shootings around the state that left children dead, saying something needed to be done. Still, she acknowledged that criminals would ignore the order.

In fact, this restraining order is in place as noted above, for fourteen days. The key issue is this, as we’ve and many others have repeatedly stated, it is NOT the law-abiding citizens that carry open or concealed who are killing children and adults in New Mexico. It is the CRIMINALS who break the law who are responsible!

During the hearing, U.S. District Judge David H. Urias, an appointee of President Joe Biden who took his seat on the bench last year, indicated that the numerous Supreme Court precedents on the Second Amendment suggested that the governor’s order would cause irreparable harm to citizens seeking to exercise their gun rights. Thus, he said, he had to issue a temporary strike of the ban — a move that does not rule on its merits.

“To be honest with you, I think you have kind of a hard road here to get up,” Urias told Holly Agajanian, the attorney for the governor’s office defending the rule.

In briefs and during Wednesday’s court session, lawyers for the various gun rights groups argued that Lujan Grisham and her administration went far beyond constitutional powers in issuing the order.

“The Second Amendment has no exception. It has no part of it that says as long as the state governor can issue an emergency, you’re allowed to take our citizens’ firearms,” Jason Bowles, an attorney representing the National Association for Gun Rights, said during the hearing. “There’s no historical evidence of that. There’s no support for it.”

However, the governor is digging in her heels even as this move is really driving a stake in her political career. 

Soooo, she’s basing this move to declare a public emergency on law-abiding citizens who carry on facts and science?? WOW. What is she smoking??!! 

It’s a FACT that criminals will use whatever weapon they can get their hands on …ILLEGALLY at that to commit their crimes. 

It’s a FACT that none of those innocent children were killed by law-abiding citizens. 

It is a FACT that destroying our 1st and 2nd Amendment rights won’t make any of our communities safer. 

In my opinion, she is using this public health emergency as an outright gun grab, even as she herself has admitted that the criminals will totally ignore this edict. 

The attorney representing the governor didn’t do her any favors either. During her arguments, which you can read in this full thread, she claimed the following:

A carry ban is constitutional because no one can predict which LEGAL gun owners will commit crimes. 

This ban is only for “sensitive” places and if someone wants to buy a gun, they still can – just “carry somewhere else.” 

I’d suggest clicking on the X and reading who thread. Yes, she really argued all of that. Furthermore, she also argued that, since this was an order and not a LAW, then the Constitution doesn’t apply. Yes folks, she went there. 

Well, Governor Grisham is big mad about this and will dig her heels in even further. 

Then instead of placing State Patrol troopers at risk, Grisham should be holding the CRIMINALS accountable. A gun grab isn’t the answer. Trampling on our Second Amendment rights won’t solve the problem. 

One additional twist in this current saga is that the judge who put the TRO in place to halt this gun grab was appointed by …Joe Biden! 

Feature Photo Credit: handgun and Constitution via iStock, cropped and modified 

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3 Comments
  • Lloyd says:

    This New Mexico approach, like so many others, puts restrictions on only those who would follow: The Good Guys”.
    The Bad Guys, those who commit the gun crimes would continue to carry and represent a genuine danger for the general population. “Killing Fields” would be created where the law-abiding are defenseless!
    This is just another “Oh, but we must do SOMETHING!” approach to public violence.

  • GWB says:

    the gun grab
    Well, technically not a “gun grab.” For once, she wasn’t going to (right now) take away anyone’s guns. Just keep you from bearing them.

    huge Constitutional overreach
    Nah. “Overreasch” implies allowed but not that far. This was a Constitutional violation.

    The Second Amendment has no exception.
    Also not much of an exception to the New Mexico constitution.

    no one can predict which LEGAL gun owners will commit crimes
    Based on actual evidence in NM, the answer would be NONE. Some have claimed that not a single permitted concealed carrier in NM (since the institution of the laws making it legal) has ever committed a crime of violence or with a firearm.

    since this was an order and not a LAW
    If she were arguing the First, she might pull off that chicanery. That amendment says “Congress shall make no law.” Problem is the lawyer can’t actually read, because the Second doesn’t have that statement; it just says “shall not be infringed.” The governor didn’t need a lawyer, she needed someone who could read.

    My only concern is the judge used recent Supreme Court decisions as the basis for the partial TRO, instead of the clear text of the federal and state constitutions. “Look, it says right here ‘Shall not infringe.’ Describe how your throwing out of laws duly authored by your state’s legislature is NOT infringement. Also how is it you think you can overthrow those same laws, at all? There is NOTHING in this order that doesn’t violate the relevant constitutions and most of it defies even reason. How does the governor defend this other than by declaring the laws of our nation and her state moot at her discretion?”

  • Blackwing1 says:

    And I’ll be waiting for the partisan collectivist/authoritarian/statist hacks in the DoJ to arrest her and anyone on her staff who conspired with her to issue this order under USC 18 Sec. 241 in 5, 4, 3, 2…

    The only way I’ll be convinced that this was not organized from the top levels of the Dem-wing is if we see her and staff perp-walked, jailed, mug-shot and released pending trial (and durned near immediate conviction, based on her own video and written statements). Until then every Dem-winger that doesn’t condemn her is complicit.

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