You may remember New Mexico Democratic Governor Lujan Grisham from such previous hits as I can unilaterally suspend parts of the Constitution I don’t like by decree. She made the foolish decision to try to extend her illegal decree, and was smacked down yet again by the courts. Here’s William Kirk of Washington Gun Law on the case:
“The case we’re talking about today is Springer v Grisham. This is one of many many challenges to Governor Michelle Lujan Grisham’s gubernatorial order, where she sua sponte suspended the Second Amendment rights of everybody in the city of Albuquerque as well as the surrounding county.”
“There was certain parts of that order that were stripped down right away by the courts, but there are other parts that kept going.”
“A gubernatorial order on a public health emergency. Where have we ever seen that before?”
“In the the People’s Republic of Washington, we had a public health emergency a few years ago, where our governor promised us 15 days to flatten the curve and he shut down the whole state…after almost 900 days, 900 days, the governor finally released most of his emergency power.”
Grisham keeps extending the emergency gun order.
“The two issues that were challenged here in Springer were governor Grisham’s prohibition on firearms in parks and in playgrounds, and this ended up before the United States district court for the District of New Mexico and the judge here has enjoined the order on parks.”
“The restrictions on the playgrounds still remain in effect.” Per the decision: “The government has demonstrated that playgrounds are analogous to sensitive places where there is a longstanding history of firearm regulations.” Responsible gun owners may argue against this on a the basis of logic (lawfully armed citizens prevent unlawful behavior), but at least the court is now applying the Bruen decision.
Indeed, the decision itself states “defendants have not satisfied the test set forth in Bruen at this stage, as they have not demonstrated a historical tradition of prohibiting the carrying of firearms in public parks. The Court therefore enters a preliminary injunction enjoining the public health order to the extent it prohibits carrying firearms in public parks in Bernalillo County and Albuquerque, New Mexico.” Just the fact that district courts are now citing Bruen in the first pages of their decisions is a huge win.
WK: “There is a litany of case law out there that says ‘Listen, if you’re violating a constitutional right in general, then we will presume that to be irreparable harm. So we’re talking about the violation of one’s Second Amendment rights, this activity is clearly covered by the plain text of the Second Amendment. So the Court’s willingness to enjoin this law is incredibly positive, because it also shows the court believe that the plaintiffs are likely to prevail.”
New Mexico relied heavily on the case Maryland Shall Issue Inc. vs. Montgomery County, but the decision pointed out that was decided pre-Bruen.
By actually applying the Bruen test, and using it to strike down half of the remaining decree, the courts have giving gun owners at east three-fourths of a loaf here.
This entry was posted on Sunday, December 10th, 2023 at 6:30 PM and is filed under Democrats, Guns, Regulation. You can follow any responses to this entry through the RSS 2.0 feed.
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5 Responses to “Gun-Banning NM Governor Smacked Down Again”
[…] RIGHTS UPDATE: Gun-Banning NM Governor Smacked Down Again. “By actually applying the Bruen test, and using it to strike down half of the remaining […]
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[…] RIGHTS UPDATE: Gun-Banning NM Governor Smacked Down Again. “By actually applying the Bruen test, and using it to strike down half of the remaining […]
Washington Gun Law is one of the better YouTube channels on this sort of thing. I recommend it.
There are bad hombres at large out there. It’s irrational to wander around unarmed, or to go into “gun-free zones.”
Dont forget that she likes to violate her own public health emergency orders, she had a local jewelry store open during the COVID shutdown – https://www.koat.com/article/did-governor-break-her-own-rules-with-jewelry-purchase/32690992
[…] Left: Nothing but class (watch the hand), and Cuban Christmas cuisine for the holidays BattleSwarm: Gun-Banning NM Governor Smacked Down Again, also, Occidental Makes $12 Billion Bet On Shale (Plus Texas Conservative Political Implications) […]