Piñon Post

In a recent development, U.S. District Judge David Urias, a Joe Biden appointee, has upheld far-left Democrat Gov. Michelle Lujan Grisham’s amended public health order, which temporarily prohibits the carrying of firearms in public parks and playgrounds in Albuquerque, New Mexico.

Governor Lujan Grisham tried to take a victory lap following the ruling, writing, “Bold change is not easy.”

“We must continue this effort with comprehensive public safety actions now and into the upcoming legislative session, where we will work to make these gun violence prevention measures permanent,” she added, vowing to snatch New Mexicans’ gun rights in the next legislative session.

The decision by Judge Urias has implications for the upcoming legislative session, a short 30-day session primarily focused on financial issues. Political expert Brian Sanderoff explained that for anti-gun prevention measures to be considered during this session, the governor would need to include them in the agenda. 

While acknowledging the challenges of passing nonfinancial bills in a short session, Sanderoff expressed optimism that her agenda could be rammed through.

The backdrop of this legal battle involves a city ordinance implemented in 2020 under the Keller administration, which prohibits firearms and other dangerous weapons at public parks and playgrounds. Legal analyst John Day highlighted the sensitivity of areas like playgrounds and parks in the eyes of the law, emphasizing that both the city of Albuquerque and the state governor share the stance of restricting firearms in such locations. Now, only lawbreakers who already don’t follow laws will be able to possess illegal guns in such restricted places while the law-abiding will be disarmed.

Day noted that not all aspects of the governor’s initial gun order survived legal scrutiny, but the ban on guns in areas with children, such as playgrounds and parks, remains a specific area where restrictions are deemed permissible.

While the court’s decision reinforces the city’s existing ordinance, it also underscores the ongoing legal and societal debate surrounding the balance between individual rights and public safety. 

The governor still faces impending impeachment begun by Reps. Stefani Lord (R-Sandia Park) and John Block (R-Alamogordo), who are leading the charge over her unconstitutional order and flagrant abuse of her office. Multiple other lawsuits are targeting Lujan Grisham’s abuse of emergency powers. 

In a shocking development, U.S. District Judge David Urias has given the green light to enforce a public health order that suspends the right to carry guns at public parks and playgrounds in New Mexico’s largest metropolitan area. The decision comes in response to gun rights advocates’ request to block these temporary firearms restrictions during the ongoing legal challenges.

Far-left Democrat Governor Michelle Lujan Grisham sees this as a triumph for public safety, especially in light of recent shootings across the state resulting in tragic outcomes, particularly for children. The move underscores the governor’s obsession with implementing anti-gun edicts, cloaking her actions in recent tragedies.

The attempted restrictions in New Mexico have sparked public protests and elicited calls for the governor’s impeachment from Republicans, led by Reps. Stefani Lord of Sandia Park and John Block of Alamogordo. The issue has also led to increased discord among top Democratic officials. Governor Lujan Grisham, a Democrat, maintains her stance that certain public spaces, deemed sensitive, should restrict the open or concealed carry of firearms.

Despite legal pushback from gun rights advocates, who argue that even a scaled-back version would infringe on Second Amendment rights, Judge Urias denied the request for an injunction. The judge ruled that the plaintiffs had not demonstrated a substantial likelihood of success in court. He rejected the argument that restrictions for “sensitive” places should only apply to locations serving core government functions.

Judge Urias suggested that determining what constitutes a sensitive place might hinge on factors such as the type of function occurring at those locations and whether vulnerable populations, like children, utilize them. He also acknowledged the possibility that the governor could demonstrate a national historical tradition of firearm restrictions at public parks within cities.

The initial order sought to suspend gun-carry rights in most public places in the Albuquerque area, while the current version narrows the scope to public parks and playgrounds. Notably, an exception ensures access to a municipal shooting range park. The restrictions are tied to a statistical threshold for violent crime specific to the Albuquerque area.

Although state police have the authority to assess civil penalties and fines under the order, the sheriff and Albuquerque’s police chief have previously refused to enforce it. Other aspects of the public health order, including monthly inspections of firearms dealers, reports on gunshot victims, and safe-surrender programs, remain intact.

As a temporary restraining order blocking the gun restrictions was set to expire, this decision by Judge Urias signifies a significant development in the ongoing legal battle surrounding firearms regulations in New Mexico.