Their target is controversial New Mexico Gov. Michelle Luan Grisham (D), who last year implemented a sweeping ban on carrying firearms in Albuquerque and the surrounding Bernalillo County. The federal lawsuit, Fort v. Grisham, was filed on behalf of the organizations and a private citizen.
The suit is the result of a consolidation of legal challenges against the governor’s overreach. The first phase was successful when Judge David Herrera Urias issued a temporary restraining order blocking the implementation of the mandate.
It now resides in the 10th U.S. Circuit Court of Appeals. An appellant’s reply brief was filed in recent days to the appeals court by the plaintiffs.
SAF founder and Executive Vice President Alan M. Gottlieb explained the gun rights organization’s reasoning behind its challenge to the prohibition on bearing arms.
“Gov. Grisham cannot escape the fact that her unilateral restrictions on public carry are in direct violation of the Second Amendment. She offers no analogous laws, no proof of regulations consistent with the nation’s historical tradition, to support her actions. As the Heller and Bruen rulings clarified, the government simply cannot use gun-related violence to restrict, much less suspend, Second Amendment rights.”
Grisham earlier this month continued her crusade against gun rights by signing two bills sent to her by the legislature.
One of the measures more than doubled the current waiting period on purchasing a weapon from three to seven days. That three-day wait is mandated by the federal government.
Another measure banned carrying firearms within 100 feet of polling locations and ballot drop boxes.
House Minority Leader Rep. Ryan Lane (R) of Aztec spoke out against the new restrictions. “We should discuss and debate other measures that can help reduce crime while respecting our Second Amendment rights. These might include improving mental health services, bolstering community policing, bail reform, strengthening penalties for the criminal misuse of firearms or enhancing gun safety education.”
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