New Mexico House and Senate Republicans announced on Sept. 9 that they will file a federal lawsuit to challenge the temporary gun ban enacted by New Mexico Gov. Michelle Lujan Grisham. The ban on carrying guns in public was put forth following the shooting death of an 11-year-old on Sept. 6.
In a statement, House Republican Leader Ryan Lane said that the ban was unconstitutional and that the “rights of New Mexicans have been wholly disregarded in a political stunt by the governor.” He went on to say that the “outrage from New Mexicans and Americans across the country reveals how precious our rights are and we will not back down.”
Grisham’s order suspended the carrying of concealed or open-carry firearms in Albuquerque and surrounding jurisdictions, carrying a fine of $5,000 if violated, ABC News reported. It would not be enforced on private property. Fairly soon after the ban was announced, The National Association for Gun Rights filed a lawsuit asking the court to block it.
Bernalillo County Sheriff John Allen released a statement on Sept. 8 about this order, raising questions about the constitutionality of it. He stated that he has reservations about it and is “wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”
Grisham said that she felt compelled to act after three recent shooting deaths of children and two mass shootings in New Mexico in May. The most recent of the shooting deaths, of 11-year-old Froylan Villegas, was the likely instigation of the ban.
On Sept. 6, the family of Villegas was leaving an Albuquerque Isotopes minor league baseball game at Isotopes Park when they were fired upon in a road rage incident, according to the New Mexico Sun. Their vehicle had pulled in front of another vehicle, who then confronted the family. Someone from the other vehicle started shooting at the family, killing Villegas, before speeding away.
Allen, Bernalillo County District Attorney Sam Bregman, Albuquerque Mayor Tim Keller and Albuquerque Police Chief Harold Medina all have said that they will not enforce the ban, AP News reported.