NM governor suspends open & concealed carry in Albuquerque for 30 days

[swinokur]

COURT GRANTS TRO IN SAF

NEW MEXICO GUN RIGHTS LAWSUIT



BELLEVUE, WA – A federal judge has granted a temporary restraining order in a Second Amendment Foundation challenge of New Mexico Gov. Michelle Lujan Grisham’s Sept. 8 edict suspending the constitutionally-protected right to bear arms, in Albuquerque and surrounding Bernalillo County.



District Judge David H. Urias issued the TRO, which extends to Oct. 3, when a hearing on the preliminary injunction request will be held. The TRO was effective immediately.



SAF is joined in this action by the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County. They are represented by Jordon George of Aragon Moss George Jenkins, LLP. The lawsuit and motion for the TRO were filed in U.S. District Court for the District of New Mexico.



In addition to Gov. Lujan Grisham, defendants in the lawsuit are Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police.



“We are delighted that the court wasted no time in clamping down on Gov. Lujan Grisham’s clearly unconstitutional suspension of Second Amendment rights,” said SAF founder and Executive Vice President Alan M. Gottlieb. “No governor has the authority to arbitrarily deny constitutional rights, especially on the flimsy argument this is a public health emergency.”



Lujan Grisham ignited a firestorm with her order, which the local sheriff, police chief and district attorney all refused to enforce. It has also gotten her in hot water with other Democrats.



“It should be no surprise that Governor Grisham’s order was subjected to a temporary restraining order,” said Adam Kraut, SAF’s Executive Director. “The order was so patently unconstitutional, even gun control advocates have been distancing themselves from her actions. We look forward to prevailing in this case as it continues.”

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The Second Amendment Foundation (www.saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group focusing on the Constitutional right and heritage to privately own and possess firearms. Founded in 1974, The Foundation has grown to more than 720,000 members and supporters and conducts many programs designed to better inform the public about the consequences of gun control.

 

[MigraineMan]

Governor Lujan-Grisham is in material violation of her Oath of Office that she swore upon being elected to the Governor's office. She needs to be removed and prohibited from holding any public office in the future.

Oath Of Office
The Constitution of the State of New Mexico Article XX Section 1.(Oath of Officer.), reads, “Every person elected or appointed to any office shall, before entering upon his duties take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.”

 

[csanc123]

Good for NM...I truly am happy for them but now even more frustrated we are still dealing with:

 

[gungate]

The DirtyCrats knew this would happen. They were just testing the waters so they know where the weaknesses are. They will work to shore up these weaknesses for their next go at it. This fight will never be over.

 

[Mr H]

Additional...

New Mexico Democrat governor's sweeping gun order hits major temporary roadblock

A federal judge in New Mexico issued a temporary restraining order against key parts of Gov. Michelle Lujan Grisham’s executive order suspending open and concealed carry in Albuquerque and the surrounding county.

www.foxnews.com

U.S. District Court Judge David Urias issued the order on Wednesday, blocking the portion of the order that prohibits lawful gun owners from carrying their guns in public for 30 days, ruling that it's not enforceable.

"The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury," Urias said during the hearing.

I'm trying to find something else the [Biden-appointed] Urias said in his decision, regarding individuals having a right to carry outside the home... Not "most notably", not "permitting schemes", no qualifications whatsoever.

I'm wondering whether he just managed to emplace ConCarry nationally?!?!

 

[Inigoes]

Anyone have video of the judge reading this opinion?

He had to swallow hard to say that!

 

[Mr H]

Anyone have video of the judge reading this opinion?

He had to swallow hard to say that!

All I saw was text on the teevee screen. But, yeah... had to be a tough pill!

 

[hodgepodge]

Governor Lujan-Grisham is in material violation of her Oath of Office that she swore upon being elected to the Governor's office. She needs to be removed and prohibited from holding any public office in the future.

She's said her oath is not "absolute". Putz.

 

[Sunrise]

What a clown:

 

[teratos]

Double down on stupid.

 

[csanc123]

What a clown:

The reply comments are precious. LoL

 

[eruby]

The reply comments are precious. LoL

 

[beetles]

I'm pleased to see the USDC saw this order as the suspension of individual constitutional rights it was, something that would require an extraordinary emergency such as a time of war or insurgency, as in suspension of habeas rights, which still would be subject to review as soon as a court in session could do so. Calling out-of-control street crime a "public health" matter is a shameful perversion of the notion of public health and a lawless appropriation and abuse of government quarantine powers, which even with real diseases require the least restrictive means necessary.

 

[Michael S]

So now we know they can't out right ban carry. But they are being allowed to make impossible to carry without banning it. Montgomery County and Maryland with SB1. The courts seem to just delay forever and not rule. Yes thanks to MSI and a few others we may eventually win. But they will never stop. Just keep testing. Also if they can't make a law they will just change Federal regulations. We are still waiting for a court decision from 2013 weapons ban. I am afraid we are fighting a losing battle. I am not looking for to see what happens at the end of the road.

 

[teratos]

So now we know they can't out right ban carry. But they are being allowed to make impossible to carry without banning it. Montgomery County and Maryland with SB1. The courts seem to just delay forever and not rule. Yes thanks to MSI and a few others we may eventually win. But they will never stop. Just keep testing. Also if they can't make a law they will just change Federal regulations. We are still waiting for a court decision from 2013 weapons ban. I am afraid we are fighting a losing battle. I am not looking for to see what happens at the end of the road.

We are not fighting a losing battle. We are winning a LOT. It takes time. I don’t follow unconstitutional laws. As is my right, I proceed as though they don’t exist. YMMV.

 

[Lafayette]

We are not fighting a losing battle. We are winning a LOT. It takes time. I don’t follow unconstitutional laws. As is my right, I proceed as though they don’t exist. YMMV.

The good doctor is right. We are winning more than we are losing. There is no finishline though; our rights will always be under attack. It’s the human condition for those in power or those seeking power to attempt subjugation of the people. There will always be bad actors willing to do whatever is necessary to gain control.

Tyrants gonna tyrant…but there is always hope so long as good people continue to stand up and resist.

 

[rbird7282]

Don't get too impressed with people like Hogg voicing dissatisfaction with this tyrannical temper tantrum. Hogg's just not saying the second part of his thoughts out loud. "This gun ban is unconstitutional.... Which is why we need to amend the constitution to get rid of the 2a"

While that’s their ultimate goal, at least they admitted this order was unconstitutional


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[rbird7282]

NM State police say they will enforce this emergency proclamation.

Then they can all fvck off too


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[swinokur]

So now we know they can't out right ban carry. But they are being allowed to make impossible to carry without banning it. Montgomery County and Maryland with SB1. The courts seem to just delay forever and not rule. Yes thanks to MSI and a few others we may eventually win. But they will never stop. Just keep testing. Also if they can't make a law they will just change Federal regulations. We are still waiting for a court decision from 2013 weapons ban. I am afraid we are fighting a losing battle. I am not looking for to see what happens at the end of the road.

True then True today it seems

 

[Worsley]

They are testing the system and this is strep 1.