U.S. District Judge David Herrera Urias ruled Wednesday in favor of a decision by New Mexico Democratic Gov. Michelle Lujan Grisham to ban concealed carry in parks and playgrounds.
The Biden-appointed judge's ruling following a temporary injunction against the governor's controversial ban last month that prohibited concealed carry and open carry in Albuquerque.
Biden-Appointed Judge Approves New Mexico Governor’s Concealed Carry Ban - when the unthinkable happens, the governor owns it. https://t.co/jtpg3NuOxA
— DC Exile 🇺🇸 (@DC__Exile) October 13, 2023
"When Urias issued the temporary restraining order, he made clear it was to stay in place 'until such time as the Court has ruled on the Plaintiffs’ motions for preliminary injunction, following a hearing at which all parties shall have the opportunity to present further argument to this Court,'" Breitbart News reported.
"On Wednesday, Judge Urias issued a decision on the preliminary injunction request, siding with Grisham’s amended ban and suggesting that parks and playgrounds fall into a 'sensitive places' categorization and are therefore 'excepted from the Second Amendment’s commands,'" it added.
New Mexico's Ban on Carrying Guns in Parks Upheld by US Judge
— The Epoch Times (@EpochTimes) October 13, 2023
"The defendants continue to restrict the plaintiffs’ Second Amendment rights to carry firearms in the places where the plaintiffs need firearms the most to protect themselves and their families based on an emotional reaction to three tragic homicides in New Mexico," the motion stated.
"The defendants’ failure to offer any rationale as to how their order is constitutional in view of Bruen requires the court to speedily restrain it," it also said.
RPNM Statement on Judge’s Ruling Upholding Governor's Gun Ban in Unrelated Lawsuit
October 12—On Wednesday, Biden-appointed U.S. District Judge David Urias ruled in favor of Governor Michelle Lujan Grisham’s amended public health order that suspends the right of law-abiding… pic.twitter.com/g2VY4Re1fW
— Republican Party of New Mexico (@NewMexicoGOP) October 12, 2023
"The purpose of the Constitution is clear: to keep the government from infringing on the rights of the people. The Second Amendment is clear, and the Governor's action is a clear violation of the Constitution," Republican Party of New Mexico Chairman and former Congressman Steve Pearce said in a statement.
"We will continue with RPNM’s lawsuit challenging her power to use public health orders to justify taking away New Mexicans' rights," he continued.
The move is likely to be appealed though there is no timeline on what could happen next in the ongoing Second Amendment battle.
The governor could find the issue coming back to hurt her in the next election as the state's gun rights advocates push to remove her from office.
The previous effort led to state lawmakers calling for the governor's impeachment, while the revised version is likely to still lead to controversy in the days ahead.