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NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Thursday, September 14, 2023

NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Today, NRA led a coalition of parties in a legal challenge against New Mexico Governor Michelle Lujan Grisham and Department of Health Secretary Patrick Allen’s unconstitutional orders banning the carrying of firearms in Bernalillo County and on all state property under the guise of a public health emergency.

Last Thursday, Governor Lujan Grisham issued an Executive Order declaring that “a state of public emergency exists throughout the State due to gun violence.” A similar Executive Order was issued declaring a state of public health emergency due to drug abuse.” The following day, Secretary Allen invoked emergency powers under those two executive orders, and issued a Public Health Order prohibiting possessing a firearm, “either openly or concealed,” within Bernalillo County and on all state property and mandating that licensed firearms dealers be inspected on a monthly basis. (The orders also require that a program be developed for testing wastewater for “illicit substances … at all public schools,” and suspend a program designed to rehabilitate juveniles without imprisoning them.) Violating the Order carries a fine of up to $5,000.

These orders were issued despite last year’s Supreme Court ruling that the Second Amendment protects a right to carry a firearm outside the home. But even worse, the New Mexico Constitution also guarantees the right to keep and bear arms. New Mexican courts have proclaimed that the right to keep and bear arms “stands shoulder to shoulder with the most basic guarantees of individual liberty against the power of the state.” New Mexican courts have also held that a locality cannot ban carrying of firearms in public. Such a ban “purports to completely prohibit the ‘right to bear arms.’”

Lujan Grisham nevertheless refused to let the Constitution stand in her way. She was told that these orders were unconstitutional by several other officials but refused to hear it. Instead, she said that her oath to uphold the Constitution was “not absolute.” That is absolutely wrong. Justice Potter Stewart said it best 50 years ago: “The needs of [the government] stand in constant tension with the Constitution’s protections of the individual against certain exercises of official power. It is precisely the predictability of these pressures that counsels a resolute loyalty to constitutional safeguards.”

These orders are also a power grab in violation of the state Constitution, which vests legislative authority in the legislature. New Mexico law generally allows law-abiding individuals to carry firearms openly or concealed with a license. (The legislature also rejected a bill to test for illicit substances in public schools and supported the juvenile probation program that the order now suspends.) Lujan Grisham has a constitutional duty to execute state law—and the Constitution. She must allow people to exercise the legal rights granted to them. There are no exceptions. The Constitution does not take a vacation during so-called emergencies. New Mexico’s Public Health Emergency Response Act (“PHERA”) and the New Mexico Supreme Court directly told the governor this in Grisham v. Reeb: “PHERA’s purpose is to … ‘provide the state of New Mexico with the ability to manage public health emergencies in a manner that protects civil rights and the liberties of individual persons.’” 

These orders cannot go unchallenged. That is why NRA challenged them directly in the New Mexico Supreme Court. The case is captioned Ambdor v. Michelle Lujan Grisham. Other parties to the lawsuit include the Republican party of New Mexico, Libertarian Party of New Mexico, several members of the legislature, law-abiding gun owners, law-enforcement professionals, and an FFL who are all affected by the orders.  

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

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Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

Sunday, March 15, 2026

Virginia: Legislature Adjourns from 2026 Session; Anti-Gun Bills on Governor's Desk

On Saturday, March 14th, the Virginia General Assembly adjourned sine die from the 2026 legislative session, and the future of the Commonwealth hangs in the balance. 

Washington: Governor Signs 3D-Printing Ban

Thursday, March 26, 2026

Washington: Governor Signs 3D-Printing Ban

The Washington legislature adjourned sine die from the 2026 legislative session on March 12. 

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

Friday, March 20, 2026

DOJ Legal Filing Renews Concerns About ATF’s Posture on Braced Pistols

The saga of ATF’s enforcement of the National Firearm Act’s “short barreled rifle” provisions against braced pistols has been a roller coaster ride of shifting interpretations. NRA-ILA has been keeping up with, reporting on, and ...

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Monday, March 23, 2026

NRA Defeats California Gun Control Law; State Must Pay Nearly $500,000 in Attorney Fees Incurred by NRA

Today, the U.S. District Court for the Eastern District of California granted a stipulation for final judgment and permanent injunction in Safari Club International v. Bonta, under which the state conceded that its firearm advertising restriction is unconstitutional ...

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

Thursday, March 26, 2026

Utah: Governor Cox Signs Pro-Gun Legislation Into Law

This morning, alongside firearm industry and advocacy partners, Governor Cox signed House Bill 214 into law during a ceremony in Salt Lake City, marking a significant legislative victory for protecting lawful commerce in the firearms ...

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

News  

Monday, March 23, 2026

Virginia Lawmakers Want to Punish Crime Victims and Exempt Themselves from Gun Control

Anti-gun lawmakers in Virginia’s General Assembly recently earned well-deserved scorn by trying to create a special carveout for themselves in one of their numerous gun control bills. 

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Thursday, March 26, 2026

Florida Attorney General Says Nonviolent Felons Retain Second Amendment Rights

Florida Attorney General James Uthmeier has taken the position—consistent with the NRA’s—that nonviolent felons retain their Second Amendment rights.  

Michigan: Constitutional Carry Legislation Introduced

Thursday, March 5, 2026

Michigan: Constitutional Carry Legislation Introduced

A package of pro-Second Amendment legislation has been introduced in the Michigan House. House Bills 5653–5657 would make Michigan the 30th state in the nation to recognize Constitutional Carry, allowing individuals who are legally permitted ...

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

News  

Monday, March 23, 2026

NRA-ILA Remembers Martial Artist, Cultural Icon, and Patriot Chuck Norris

Friday, March 20, brought the sad news that Chuck Norris, a great American patriot, had died. He was 86 years old.

Ohio: Senate Passes Suppressor Legislation

Wednesday, March 25, 2026

Ohio: Senate Passes Suppressor Legislation

Today, The Senate passed SB 214 by a vote of 31-1, legislation to remove firearm suppressors from the definition of “dangerous ordnance” in the Ohio Revised Code. This legislation now goes to the house where ...

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.