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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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DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

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Monday, January 19, 2026

DOJ Determines 1927 Prohibition on Mailing Handguns Violates Second Amendment

In a monumental development for gun owners, the Department of Justice has acknowledged that one of the oldest federal gun control laws on the books is unconstitutional.

Virginia: More Gun Control Introduced in General Assembly

Thursday, January 15, 2026

Virginia: More Gun Control Introduced in General Assembly

The 2026 Virginia legislative session is underway, and lawmakers are continuing their assault on your Second Amendment rights.

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

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Monday, January 19, 2026

Mixed Results in Massachusetts Show the Promise of and Need for Vigilant Advocacy

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Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

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Monday, January 19, 2026

Australia’s Wretched Bargain, Trading Liberty for Safety and Having Neither

Last week, Australian Prime Minister Anthony Albanese announced that the federal parliament would be recalled to debate sweeping new laws on guns and hate crimes, including the establishment of a new national gun buyback program.

North Carolina: Permitless Carry Veto Override Vote Postponed

Tuesday, January 13, 2026

North Carolina: Permitless Carry Veto Override Vote Postponed

Today, the North Carolina House of Representatives rescheduled this morning’s veto override on Senate Bill 50, Freedom to Carry NC, to February 9, 2026.

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

Tuesday, January 13, 2026

Virginia: Legislative Session Convenes Tomorrow With Onslaught of Gun Control Bills

On Wednesday, January 14th, the Virginia General Assembly begins the 2026 legislative session, and lawmakers are once again expected to pursue an aggressive anti-gun agenda.

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

Friday, January 16, 2026

NRA Urges Supreme Court to Hear Challenge to Illinois Public Transit Carry Ban

The National Rifle Association—along with the Association of New Jersey Rifle & Pistol Clubs, Gun Owners’ Action League, New Jersey Firearms Owners Syndicate, and New York State Rifle & Pistol Association—has filed an amicus brief urging the ...

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

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Wednesday, January 14, 2026

Secretary of the Interior Issues Order Expanding Hunting Access Nationwide

Secretary of the Interior Doug Burgum has issued Secretarial Order 3447 – Expanding Hunting and Fishing Access, Removing Unnecessary Barriers, and Ensuring Consistency Across the Department of Interior Lands and Waters. This sets a department wide ...

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

Wednesday, January 14, 2026

Georgia: Senate Passes Bill to Strengthen Firearms Preemption

On Tuesday, January 13th, the Senate passed Senate Bill 204, concurring with House amendments to include stronger firearms preemption language.

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Thursday, January 8, 2026

Virginia: More Gun Control Bills Filed Including Semi-Auto Ban and Tax on Suppressors!

Anti-gun legislators in Richmond have been busy ahead of the 2026 legislative session working on ways to burden your Second Amendment rights.

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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.