A federal judge declined on Wednesday to block Democratic New Mexico Gov. Michelle Lujan Grisham’s ban on firearms at parks and playgrounds.
U.S. District Judge for the District of New Mexico David Urias, a Biden appointee, declined to block Lujan Grisham’s emergency public health order banning firearms from being carried in public parks and playgrounds from taking effect, according to the court document. Urias temporarily blocked Lujan Grisham’s initial 30-day order banning all firearms from being carried in Albuquerque and Bernalillo County on Sept. 13, prompting her to issue the amended order two days later restricting guns only in specified areas.
Urias found that gun owners and advocacy groups who challenged the amended order were unlikely to succeed on their Second Amendment challenge, writing that playgrounds and parks can be considered “sensitive places” where restrictions are permissible under Supreme Court precedent, according to the court document.
LEGAL ALERT: A federal judge has denied our motion for preliminary injunction against the New Mexico governor’s carry ban. You can read the opinion here: https://t.co/7byej0Qt0w
— Firearms Policy Coalition (@gunpolicy) October 12, 2023
“Given the Supreme Court’s clear invitation for lower courts to conduct their own analogues analysis under the sensitive places doctrine, this Court finds that playgrounds are ‘sensitive places’ and are excepted from the Second Amendment’s commands,” Urias wrote. “As other courts have noted, playgrounds are often associated with schools and therefore the inference that they are sensitive places under Bruen is appropriate.”
Lujan Grisham said she is “pleased” with the court’s ruling in statement provided to KOAT Action News.
“The public health order will temporarily keep guns out of parks and playgrounds in Bernalillo County,” she said. “Just as in schools, our children deserve to learn and play without fear. Our families need to know that their safety is our priority.”
The governor’s initial order was quickly met with multiple lawsuits and protests. Democratic New Mexico Attorney General Raul Torrez also refused to defend it, saying it does not pass “constitutional muster.”
Lujan Grisham did not immediately respond to a request for comment.
Katelynn Richardson on October 12, 2023
