Less than 24 hours after the Second Amendment Foundation and its partners filed a federal lawsuit challenging the constitutionality of New Mexico Gov. Michelle Luan Grisham’s order suspending the Second Amendment Right to carry in Albuquerque and Bernalillo County, a federal judge granted a temporary restraining order against the governor’ decree.
Upon learning of the TRO, SAF officials issued a statement lauding the decision by U.S. District Judge David H. Urias—a 2022 Joe Biden appointee—along with a promise to pursue this case to a conclusion.
“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.”
According to KRQE News, Lujan Grisham’s order “has been stirring up frustration among politicians and civilians.” Gun rights advocates have unanimously declared the governor’s order to be so far beyond her legal and constitutional authority that many people, including some New Mexico lawmakers, are looking are an impeachment effort.
“It should be no surprise that Governor Grisham’s order was subjected to a temporary restraining order,” added SAF Executive Director Adam Kraut. “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.”
The SAF lawsuit is joined 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. The SAF case, one of at least five filed against the governor by various gun rights organizations, is known as Fort v. Grisham.
As noted by the NM Political Reporter, the TRO extends at least two weeks, and KRQE said it will “last until Oct. 3.” The TRO took effect immediately.
As earlier reported, Bernalillo County Sheriff John Allen quickly announced earlier this week that his department would not enforce Lujan Grisham’s order. After a string of federal lawsuits were filed, all naming the governor as a defendant, New Mexico Attorney General Raul Torrez advised her by letter that his office will not represent her in court.
“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity,” Torrez wrote, “my duty to uphold and defend the constitutional rights of every citizen takes precedence. Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster.”
Perhaps nothing could further illustrate the gravity of the governor’s troubles than opposition from members of her own party, and such a statement from her state’s attorney general. Adding injury to insult, Fox News is reporting how Judge Urias observed, “The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury.”
Fox News referred to the governor’s response to the TRO in which she stated, “Today a judge temporarily blocked sections of our public health order but recognized the significant problem of gun violence in this state, particularly involving the deaths of children. As governor, I see the pain of families who lost their loved ones to gun violence every single day, and I will never stop fighting to prevent other families from enduring these tragedies.”
Gun owners made their feelings known when more than a hundred, many visibly armed, showed up for a peaceful protest earlier this week. The Citizens Committee for the Right to Keep and Bear Arms, where Gottlieb is chairman, said the protest was significant for several reasons.
“Justifiably angry New Mexico gun owners who showed up at the protest didn’t hurt anyone, didn’t burn anything, did not clash with police and nobody was arrested or even cited,” Gottlieb observed. “What a stark contrast to the violent ANTIFA demonstrations and urban rioting we have seen in recent years.
“Instead of setting fires”, he added, “these gun owners set an example. They didn’t vandalize public or private property, did not engage in physical assaults or looting, and yet they are the people who are repeatedly penalized by left wing politicians, now to include Democrat Gov. Lujan Grisham, for crimes they did not commit, and would never consider committing.”
By no small coincidence, CCRKBA and SAF will be hosting the annual Gun Rights Policy Conference in Phoenix, Arizona Sept. 22-24, and it a certainty the battle in neighboring New Mexico will be high on the list of topics discussed during the weekend event.
It is still possible to pre-register for the event here. Many of the biggest names in the Second Amendment movement will be present for two days of panel discussions on every subject from state and local legislation to armed self-defense.
About Dave Workman
Dave Workman is a senior editor at TheGunMag.com and Liberty Park Press, author of multiple books on the Right to Keep & Bear Arms, and formerly an NRA-certified firearms instructor.
and if it weren’t for groups like saf and fpc fighting these unconstitutional cases this would have prevented law-abiding citizens from exercising their God given and Constitutional rights.
progs only care about enforcing their feelings, not laws, and they don’t care about anyone else’s feelings either.
i forgot to ask where was the nra when this went down?
Hey, Ope, Not to change the subject, but I am trying to decide between a lever action in .44 mag and a lever action in that new .360 Buckhammer. What are your thoughts?
I read up on the .360 and it said it was proven out to be accurate at 200 yards. The rounds are priced at 1.25 each. Depending on how far you shoot and how much you are willing to spend, that would be my concerns for what I shoot. I reload so I could make plenty of rounds if there are not that many available like I have done in the past. I am sure 44mag rounds are cheaper.
Thank you both for your input. I am looking for a fun, deer in the woods lever action, for this season.
Maybe someone will do a cartridge comparison.
Doing well now that the triple digit weather is over. We lost a beautiful old oak, but so much of it overhung the roadway that it had to come down. Getting ready for the third hay crop.
Looking forward to a fun autumn and the holidays. Hope this finds you all healthy and energized!
Sure do!! This third crop was looking peaked until Tuesday’s rain. It is surprising how quickly it greened up.
Yes! And the wife will be glad to hear that, too? Ha.
Yeaaah, all true!
Glad to hear some gun owners openly defied the unconstitutional decree. Should have been tens of thousands, not a mere hundred. The gov has no authority to infringe on our right to arms. They must be reminded, and she must be jailed and impeached for her crime.
I saw her being interviewed by someone on CNN.. asking, if what she did was legal and her response was.. she didn’t know.
Who votes for these effing morons… That lady should just stick to trying to use expired coupons at the grocery store… then throwing a fit when the manager says no.
“Justifiably angry New Mexico gun owners who showed up at the protest didn’t hurt anyone, didn’t burn anything, did not clash with police and nobody was arrested or even cited,” Gottlieb observed. “What a stark contrast to the violent ANTIFA demonstrations and urban rioting we have seen in recent years.
Funny how that works. The law abiding citizens of this nation don’t cause trouble? Go figure! If nothing else this communistic Government that’s in power at this time should at least see a lesson in it. Doubtful!
I found myself laughing at Grisham’s retort, “I don’t need a lecture on the Constitution from the sheriff”, when the sheriff told her he would not be enforcing her diktat because of it’s unconstitutionality. She sure could use a lecture on it from someone! She can take online courses from Hillsdale College. They’re even free! Either she doesn’t know about the Constitution or she couldn’t care less about. Maybe both. I hope exploration into her impeachment is serious.
OK, a TRO. There’ll be 10 more unconstitutional citizen disarmament laws passed soon in response. The democrat party can pass laws quicker than the courts can kill them. My right to a semi-auto rifle and standard capacity magazine was unconstitutionally taken 10 years ago – the law still stands. The Supreme Court finally affirmed my right to carry in public for self defense. Big win? NO! Democrats just passed blatantly unconstitutional laws that are much stricter in response as a big F-U to the Supremes! That was a year ago – law still stands. There is no repercussions or a… Read more »