Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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.

TRENDING NOW
NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

Monday, April 1, 2024

NRA Scores Legal Victory Against ATF; “Pistol Brace Rule” Enjoined From Going Into Effect Against NRA Members

NRA Members Among the Largest Class Protected from Draconian Rule

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

News  

Monday, April 22, 2024

ATF Skirts Legal Formalities and Springs Another Gun Control Rule on the American People

On Friday, ATF provided the unpleasant surprise of yet another rulemaking to implement the noxious Bipartisan Safer Communities Act (BSCA). 

Colorado: Gun Control Bills Pass House After Weekend Votes

Sunday, April 21, 2024

Colorado: Gun Control Bills Pass House After Weekend Votes

After holding late-night votes until close to midnight on Saturday, April 20th, the Colorado House passed three anti-gun bills on their third reading, including liability insurance mandates, an 11% excise tax, and a state-level permitting systems for FFL's. 

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

News  

Friday, April 12, 2024

With a Stroke of the Pen, Biden ATF Criminalizes Tens of Thousands of Private Firearm Sellers

We have long been warning of the rule the Biden ATF has been preparing to redefine who is considered a firearm “dealer” under U.S. law.  The administration’s explicit objective was to move as close to so-called “universal background ...

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

News  

Monday, April 22, 2024

“Unquestionably in Common Use Today” – Study Confirms National Standard for Detachable Magazine Capacity is Over Ten Rounds

Along with “assault weapon” bans, so-called “high capacity” magazine restrictions are a cornerstone of modern gun control.

NRA Scores Legal Victory in Dispute with DC Attorney General

News  

Thursday, April 18, 2024

NRA Scores Legal Victory in Dispute with DC Attorney General

The National Rifle Association of America (NRA) has announced a legal victory in a high-profile governance matter brought by the Office of the Attorney General for the District of Columbia (DCAG).

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Wednesday, April 24, 2024

Tennessee: Governor Lee Signs Legislation Protecting Financial Privacy of Gun Owners

Yesterday, Governor Bill Lee signed SB 2223/HB 2762, legislation that provides important financial privacy protections for gun owners when purchasing firearms, firearm parts, and ammunition. NRA would like to thank Governor Lee for signing this critical piece ...

California: Legislative Session Update

Friday, April 26, 2024

California: Legislative Session Update

Friday, April 26th marks the deadline for when all bills must advance from their first chamber policy committee if a fiscal committee referral is required.  Bills that have not passed out of their policy committee ...

Minnesota: Anti-Gun Bills Move Forward in the Legislature

Wednesday, April 24, 2024

Minnesota: Anti-Gun Bills Move Forward in the Legislature

Today, House File 601 and House File 4300 were passed in the House Ways and Means Committee and will be placed on the general register. The bills will penalize gun owners for failing to report a lost ...

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

Tuesday, April 23, 2024

Colorado: Mandatory Vehicle Storage and Training Requirements On The Move!

On Monday, April 22nd, the Colorado Senate passed two anti-gun bills, HB 24-1348 (mandatory vehicle storage) and HB 24-1174 (increased training requirements for concealed carry permits).

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.