New Mexico’s new ban on carrying guns in some parks was upheld by a federal judge on Oct. 11.
U.S. District Judge David Urias, an appointee of President Joe Biden, rejected a motion for a preliminary injunction entered by gun rights groups and gun owners.
The groups in September challenged an order from New Mexico Gov. Michelle Lujan Grisham that with limited exceptions banned the carrying of guns in Albuquerque, New Mexico, and the surrounding county.
After being sued, Ms. Grisham narrowed the order to apply only to public playgrounds and parks and in other “public areas provided for children to play in.” She narrowed it again soon after to remove the mention of other public areas.
The narrowed order still violates the U.S. Constitution’s Second Amendment, particularly in light of the U.S. Supreme Court’s 2022 ruling against firearm restrictions in New York, the groups said in their motion asking the judge to block the updated order.
“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.”
In the 2022 ruling, the Supreme Court said the Second Amendment protects a person’s right to carry a gun for self-defense outside their home and that any restrictions must be shown to be “consistent with the nation’s historical tradition of firearm regulation.”
New Mexico officials said the updated order does have a historical tradition, pointing to a ruling in a federal court in Maryland in favor of a similar regulation that found historical evidence of gun restrictions in public parks.
Judge Urias blocked the original order. But while plaintiffs showed they were likely to succeed in their case against the original order, they have not done so in their challenge to the updated version, the judge said.
Plaintiffs “may very well” ultimately succeed in their case, but because there were some historical restrictions on guns in parks, the judge said they did not show the “substantial likelihood of success” that’s required to enter a preliminary injunction.
He also ruled that playgrounds were “sensitive places” that are exempted from the Second Amendment, referencing the Supreme Court’s saying that schools are such places and schools and playgrounds are often tied together.
Given that, “the court finds that the recognition of what constitutes a sensitive place could very well be determined by the type of function occurring at those locations as well as whether a vulnerable population—such as children—utilize such locations,” Judge Urias wrote. “Plaintiffs have provided no legal support for their contention that sensitive places can only be tied to places where core government functions are conducted.”
The denial of the motion means the restrictions on carrying guns at playgrounds and parks will remain in place as the case moves forward.
The restrictions are currently set to expire on Nov. 3.
“I am pleased that the court’s ruling today has upheld gun violence as an epidemic in this state,” Gov. Grisham, a Democrat, said in a statement. “The public health order will temporarily keep guns out of parks and playgrounds in Bernalillo County. Just as in schools, our children deserve to learn and play without fear. Our families need to know that their safety is our priority.”
Zachary Fort, who is a plaintiff in several consolidated lawsuits challenging the gun restrictions, said he carries in public parks for self-defense when he can.
“I was disappointed in the judge’s decision today, but I think it’s too early to say now what our next steps are going to be,” Mr. Fort said.
State police have authority under the order to assess civil penalties and a fine of up to $5,000, but the sheriff and Albuquerque’s police chief have refused to enforce it. A number of gun owners have said they would defy or are defying the order.
Also, New Mexico Attorney General Raul Torrez, a Democrat, has refused to represent the governor in the suits challenging the order, which have since been consolidated.
“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, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” Mr. Torres told the governor in a recent letter.
The rest of the public health order has remained intact, including directives for monthly inspections of firearms dealers statewide, reports on gunshot victims at New Mexico hospitals, wastewater testing for illicit substances at schools, and safe-surrender programs for gun owners who choose to decommission firearms they no longer want.
The Associated Press contributed to this report.
From The Epoch Times
