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NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Thursday, September 14, 2023

NRA Files Lawsuit Challenging Lujan Grisham’s Unconstitutional Order Banning Public Carry

Today, NRA led a coalition of parties in a legal challenge against New Mexico Governor Michelle Lujan Grisham and Department of Health Secretary Patrick Allen’s unconstitutional orders banning the carrying of firearms in Bernalillo County and on all state property under the guise of a public health emergency.

Last Thursday, Governor Lujan Grisham issued an Executive Order declaring that “a state of public emergency exists throughout the State due to gun violence.” A similar Executive Order was issued declaring a state of public health emergency due to drug abuse.” The following day, Secretary Allen invoked emergency powers under those two executive orders, and issued a Public Health Order prohibiting possessing a firearm, “either openly or concealed,” within Bernalillo County and on all state property and mandating that licensed firearms dealers be inspected on a monthly basis. (The orders also require that a program be developed for testing wastewater for “illicit substances … at all public schools,” and suspend a program designed to rehabilitate juveniles without imprisoning them.) Violating the Order carries a fine of up to $5,000.

These orders were issued despite last year’s Supreme Court ruling that the Second Amendment protects a right to carry a firearm outside the home. But even worse, the New Mexico Constitution also guarantees the right to keep and bear arms. New Mexican courts have proclaimed that the right to keep and bear arms “stands shoulder to shoulder with the most basic guarantees of individual liberty against the power of the state.” New Mexican courts have also held that a locality cannot ban carrying of firearms in public. Such a ban “purports to completely prohibit the ‘right to bear arms.’”

Lujan Grisham nevertheless refused to let the Constitution stand in her way. She was told that these orders were unconstitutional by several other officials but refused to hear it. Instead, she said that her oath to uphold the Constitution was “not absolute.” That is absolutely wrong. Justice Potter Stewart said it best 50 years ago: “The needs of [the government] stand in constant tension with the Constitution’s protections of the individual against certain exercises of official power. It is precisely the predictability of these pressures that counsels a resolute loyalty to constitutional safeguards.”

These orders are also a power grab in violation of the state Constitution, which vests legislative authority in the legislature. New Mexico law generally allows law-abiding individuals to carry firearms openly or concealed with a license. (The legislature also rejected a bill to test for illicit substances in public schools and supported the juvenile probation program that the order now suspends.) Lujan Grisham has a constitutional duty to execute state law—and the Constitution. She must allow people to exercise the legal rights granted to them. There are no exceptions. The Constitution does not take a vacation during so-called emergencies. New Mexico’s Public Health Emergency Response Act (“PHERA”) and the New Mexico Supreme Court directly told the governor this in Grisham v. Reeb: “PHERA’s purpose is to … ‘provide the state of New Mexico with the ability to manage public health emergencies in a manner that protects civil rights and the liberties of individual persons.’” 

These orders cannot go unchallenged. That is why NRA challenged them directly in the New Mexico Supreme Court. The case is captioned Ambdor v. Michelle Lujan Grisham. Other parties to the lawsuit include the Republican party of New Mexico, Libertarian Party of New Mexico, several members of the legislature, law-abiding gun owners, law-enforcement professionals, and an FFL who are all affected by the orders.  

Please stay tuned to www.nraila.org for future updates on NRA-ILA’s ongoing efforts to defend your constitutional rights.

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North Carolina: Update on Permitless Carry

Friday, October 24, 2025

North Carolina: Update on Permitless Carry

Last week the North Carolina General Assembly briefly returned from recess and re-referred Senate Bill 50, Freedom to Carry NC, to the House Rules Committee.

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

News  

Wednesday, November 12, 2025

President Trump Signs Appropriations Package that Includes Protections for Veterans’ Second Amendment Rights into Law

Today, President Donald Trump signed into law a legislative proposal to reopen the federal government. Included in the legislation is a provision that prohibits the Department of Veterans Affairs (VA) from stripping the constitutional right ...

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

Tuesday, November 11, 2025

The Latest Lurch in Canada’s Gun Grab: Test Run Nets “Less than 30” Guns

In a tacit acknowledgement of just how unworkable its gun ban and confiscation program is, Canada’s Liberal government quietly extended the gun amnesty for an additional year, just before it was due to expire on October 30 ...

Firearm Access During Shutdown Act introduced in Congress

Monday, November 10, 2025

Firearm Access During Shutdown Act introduced in Congress

On October 30th, 2025, Senator Jim Risch [R-ID] introduced the Firearm Access During Shutdown Act (S.3085), with Congressman Ben Cline [R-VA-6] introducing the companion legislation in the U.S. House (H.R. 5874).

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Friday, November 14, 2025

NRA Files Legal Challenge to New Jersey’s “One-Gun-A-Month” Law

Yesterday, the National Rifle Association joined the Firearms Policy Coalition and two NRA members in filing a legal challenge to New Jersey’s “one-gun-a-month” law.

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

Thursday, November 13, 2025

Pennsylvania: Firearm Registration Bill Passes Committee and is Headed to the House Floor!

On Wednesday, November 12th, the House Judiciary Committee passed HB 1891 on a 14 to 12 party-line vote. The bill now advances to the House floor where it will soon be eligible for a vote. ...

Gun owners should approach firearm product liability suits with discernment

Tuesday, November 11, 2025

Gun owners should approach firearm product liability suits with discernment

Few communities take the products they use as seriously as gun owners. A firearm is often a tool that a person needs to be able to trust their life with. Add brand loyalty and differences ...

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Tuesday, November 11, 2025

Veteran’s Sad Lament Shows Why Surrender is Not an Option

Gun owners in Virgina, home of NRA’s Headquarters, are still absorbing the results of last Tuesday’s elections. In addition to the election of Democrat Abigail Spanberger, a former Mom’s Demand Action volunteer, as governor, we now ...

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Friday, November 14, 2025

NRA Files Amicus Brief Urging Second Circuit to Strike Down Vermont’s Waiting Period Law

Yesterday, the National Rifle Association joined the Second Amendment Foundation, California Rifle & Pistol Association, Second Amendment Law Center, and Minnesota Gun Owners Caucus in filing an amicus brief urging the Second Circuit to hold ...

From Printers to Panic: Everytown Summit on “3D Printed Firearms” Targets Progress

News  

Monday, October 27, 2025

From Printers to Panic: Everytown Summit on “3D Printed Firearms” Targets Progress

Recently, Everytown for Gun Safety hosted a 3D Printed Firearms Summit in New York City with the goal being to “build cross-sector collaboration and chart actionable strategies to stem the tide of 3D-printed firearm (3DPF) related violence.” 

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NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.