Gun Restrictions in New Mexico Face Legal Scrutiny Amidst Public Health Concerns
New Mexico finds itself at a legal crossroads as it grapples with the complex issue of gun control during a public health emergency. The state’s Democratic governor, Michelle Lujan Grisham, is testing the boundaries of her authority and constitutional law in response to rising violent crime rates in the state’s largest metropolitan area.
This standoff is just one of many playing out across the country since the U.S. Supreme Court’s decision last year expanded gun rights. Leaders in predominantly liberal-leaning states are now seeking innovative ways to impose firearm restrictions.
On the docket for Tuesday is a court hearing to address legal challenges against Governor Lujan Grisham’s public health order. The order temporarily suspends the right to carry firearms in most public parks and playgrounds in and around Albuquerque.
Proponents of gun rights have launched a wave of legal challenges against this 30-day health order, which initially included broad restrictions on carrying guns in public spaces.
In response to the urgent need to curb gun violence and drug abuse, the governor’s spokesperson, Maddy Hayden, confirmed that Lujan Grisham will reissue orders for an additional 30 days. These orders encompass various directives, including monthly inspections of firearms dealers statewide, reports on gunshot victims at New Mexico hospitals, and wastewater testing for illicit substances.
Last month, U.S. District Judge David Urias ruled that the original gun restrictions in the governor’s order posed a likely risk of irreparable harm to individuals denied their right to carry guns in public for self-defense. He granted a temporary restraining order, which remains in effect until the hearing on Tuesday.
The governor’s decision to suspend certain gun rights is linked to a statistical threshold for violent crime, specifically applicable to Albuquerque and its surrounding areas.
In a recent court filing, Judge Urias suggested that restrictions on gun activity in places where children play, such as playgrounds, “may very well be constitutional.”
Under the order, state police would briefly have the authority to impose civil penalties and fines of up to $5,000 for violations, although the sheriff and Albuquerque’s police chief have declined to enforce it.
Governor Lujan Grisham’s actions have ignited strong reactions from advocates of gun rights, including Republican lawmakers who have threatened impeachment proceedings against her.
Despite the governor’s intentions, some influential Democrats and civil rights leaders caution that her approach could potentially do more harm than good in the broader effort to combat gun violence. Even the Democratic state attorney general has urged her to reconsider her stance.
Notably, other states, including California, Washington, Colorado, and Maryland, have also passed gun laws this year that are now facing legal challenges.
Last week, California Governor Gavin Newsom signed nearly two dozen gun control measures into law. These measures include restrictions on carrying firearms in most public places and a doubling of taxes on guns and ammunition sales. Governor Newsom has acknowledged that some of these measures may not withstand legal scrutiny, as evidenced by a federal judge’s recent decision to strike down a state law banning guns with detachable magazines that hold more than ten rounds.