A federal judge in Albuquerque, New Mexico has issued a temporary restraining order that blocks key parts of Democratic Governor Michelle Lujan Grisham’s order that banned open or concealed carry of firearms in Albuquerque and the surrounding county for 30 days. Lujan Grisham’s move has generated outrage on both sides of the aisle and led to several protests.
U.S. District Court Judge David Urias on Wednesday blocked the crucial part of Lujan Grisham’s order that bans carrying of firearms, stating that it is unenforceable. “The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury,” Urias said during the hearing, according to a report from Fox News.
The temporary restraining order will remain in effect until October 3, when another hearing is scheduled.
Lujan Grisham was already in a predicament in terms of enforcing the ban, as a number of key law enforcement leaders threw cold water on her plan from the outset. Less than 24 hours after the order was issued, Bernalillo County District Attorney Sam Bregman stated that he would not be enforcing the firearms “pause.”
“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional. This office will continue to focus on criminals of any age that use guns in the commission of a crime,” he said. Bernalillo County Sheriff John Allen echoed Bregman’s sentiment, stating that he would not put his deputies in a position to enforce an unconstitutional order.
Lujan Grisham’s order was also rejected by New Mexico Attorney General Raúl Torrez, who strongly rebuked the governor in a letter. “I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster,” Torrez wrote.