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2023 Albuquerque gun ban

From Wikipedia, the free encyclopedia
2023 New Mexico executive order

On September 7, 2023, theGovernor of New Mexico,Michelle Lujan Grisham signed anemergency order banning firearms inAlbuquerque andBernalillo County for 30 days.[1][2]

Background

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Lujan Grisham gave the order in response tothree mass shootings that occurred in New Mexico in 2023, including theFarmington, New Mexico shooting.[2] On September 13,U. S. District JudgeDavid H. Urias blocked enforcement of the ban until October 3, citing theSecond Amendment to the United States Constitution.[3][4]

Further developments

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On September 16, Lujan Grisham narrowed the ban to playgrounds and parks and "other public areas provided for children to play in." A third order dropped this last clause, and Urias let the ban on guns in playgrounds and parks stand.[5][6][7] On October 16, 2024, Lujan Grisham announced that she would not be extending the order.[8]

Text of the order

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The section of the first emergency order suspending the right to carry in public read as follows:

(1) No person, other than a law enforcement officer or licensed security officer, shallpossess a firearm, as defined in NMSA 1978, Section 30-7-4.1, either openly or concealed, withincities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021according to Federal Bureau of Investigation’s Uniform Crime Reporting Program AND morethan 90 firearm-related emergency department visits per 100,000 residents from July 2022 to June2023 according to the New Mexico Department of Public Health, except:

A. On private property owned or immediately controlled by the person;

B. On private property that is not open to the public with the expresspermission of the person who owns or immediately controls such property;

C. ‘While on the premises of a licensed firearms dealer or gunsmith for thepurpose of lawful transfer or repair of a firearm;

D. While engaged in the legal use of a firearm at a properly licensed firingrange or sport shooting competition venue; or

E. While traveling to or from a location listed in Paragraphs (1) through (4) ofthis section; provided that the firearm is in a locked container or locked with a firearmsafety device that renders the firearm inoperable, such as a trigger lock.

Reaction

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Albuquerque Police Chief Harold Medina and Bernalillo County Sheriff John Allen both said they would not enforce the original order,[9] with the latter stating that he believed it was unconstitutional.[10] Likewise,Attorney General of New MexicoRaúl Torrez said he would not defend the governor's administration against lawsuits challenging the order.[11]

See also

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References

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  1. ^Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures
  2. ^abMascarenhas, Lauren (12 September 2023)."New Mexico's governor just temporarily banned the public carrying of firearms in Albuquerque. Here's what you need to know".CNN. Retrieved15 September 2023.
  3. ^Deliso, Meredith (13 September 2023)."Judge temporarily blocks New Mexico governor's order suspending right to carry firearms in public".ABC News. Retrieved15 September 2023.
  4. ^Egbuonu, Faith (13 September 2023)."Federal judge blocks New Mexico's gun ban issued by Gov. Michelle Lujan Grisham".KOAT. Retrieved15 September 2023.
  5. ^Romine, Taylor (16 September 2023)."New Mexico governor narrows gun ban to playgrounds, parks in Albuquerque and surrounding county".CNN. Retrieved13 October 2023.
  6. ^Fisher, Austin (13 October 2023)."Judge upholds temporary gun ban in public parks and playgrounds in Bernalillo County".Source New Mexico. Retrieved13 October 2023.
  7. ^Lee, Morgan (11 October 2023)."Federal judge won't block suspension of right to carry guns in some New Mexico parks, playgrounds".Associated Press News. Retrieved13 October 2023.
  8. ^Hampton, Deon J. (17 October 2024)."New Mexico governor won't renew ban on carrying firearms in public".NBC News. Retrieved2 February 2025.
  9. ^Lee, Morgan (9 September 2023)."New Mexico governor issues order suspending the right to carry firearms in public across Albuquerque".Associated Press News. Retrieved15 September 2023.
  10. ^Montoya Bryan, Susan (11 September 2023)."Outrage intensifies over New Mexico governor's temporary gun ban as sheriff vows not to enforce it".Associated Press News. Retrieved15 September 2023.
  11. ^Choi, Inyoung (12 September 2023)."New Mexico attorney general says he won't defend governor's gun ban in court".NBC News. Retrieved15 September 2023.
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