New Mexico Governor Michelle Lujan Grisham (D) was handed a legal defeat on Wednesday after a federal judge issued a temporary restraining order against her controversial 30-day concealed and open carry ban for firearms less than a week after she issued the "public health" order.
KRQE reports Grisham's 30-day ban has been in place since last Friday and was going to expire on October 8. The temporary restraining order will last until October 3. Even while the ban was technically in effect, gun owners openly defied the order, with no law enforcement enforcing the ban.
BREAKING: New Mexico federal judge says he will issue a temporary restraining order against the governor's gun carry ban. https://t.co/CZ8ei9ZJtk
— Firearms Policy Coalition (@gunpolicy) September 13, 2023
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.
— Firearms Policy Coalition (@gunpolicy) September 13, 2023
"The judge tells the governor's lawyer that she has 'a hard road to get up' to prevent the carry ban from being enjoined," Firearms Policy Coalition posted on X, formerly known as Twitter, during the hearing. "The governor's lawyer says the carry ban is constitutional because you can't tell which legal gun carriers will commit crimes."
From the Albuquerque Police Department to the Bernalillo County Sheriff's Office to the Attorney General of New Mexico, all said they would not enforce or defend the order because it is unconstitutional.
"Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence. Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster," Attorney General Raúl Torrez (D) told Grisham.
"In reference to concealed carry and open carry, the Bernalillo County Sheriff's Office will not enforce this segment of the order...It is unconstitutional. My oath was to protect the Constitution and that is what I will do...This order will not do anything to curb gun violence other than punish law-abiding citizens from their constitutional right to self-defense," Bernalillo County Sheriff John Allen (D) said in a press conference on Monday.