Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

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.

TRENDING NOW
U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

News  

Second Amendment  

Thursday, May 22, 2025

U.S. House Passes Reconciliation Bill, Removing Suppressors from the National Firearms Act

Earlier today, the U.S. House of Representatives passed H.R.1 the One Big Beautiful Bill Act, which included Section 2 of the Hearing Protection Act, completely removing suppressors from the National Firearms Act (NFA).

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

News  

Tuesday, May 27, 2025

U.S. Representative Suggests TRIPLING ($600) Suppressor Tax!

Excellent news for gun owners came last week when the U.S. House of Representatives passed President Donald Trump's One Big Beautiful Bill, which includes the complete removal of suppressors from the National Firearms Act (NFA). 

Florida: Governor DeSantis Signs Legislation to Remove 2A Restrictions During Emergencies

Thursday, May 29, 2025

Florida: Governor DeSantis Signs Legislation to Remove 2A Restrictions During Emergencies

Yesterday, May 28, Governor Ron DeSantis signed House Bill 6025 into law protecting our Second Amendment Rights during a state of emergency. The new law became effective upon the governor's signature.  

Illinois: Gun Control Bill Advances to House Floor

Wednesday, May 28, 2025

Illinois: Gun Control Bill Advances to House Floor

On Wednesday, the House Gun Violence Prevention Committee voted to advance Senate Bill 8, a sweeping gun control measure that expands mandatory firearm storage requirements and drastically increases penalties for law-abiding gun owners. SB 8 ...

Illinois: Legislature Advances Sweeping Gun Control

Thursday, May 29, 2025

Illinois: Legislature Advances Sweeping Gun Control

Yesterday, the Illinois House passed House Bill 850, legislation that drastically alters the definition of “clear and present danger” under the FOID and Concealed Carry License (CCL) framework. This bill now moves to the Senate ...

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

News  

Tuesday, May 27, 2025

ATF Invites FFLs Zeroed Out Under Biden-Harris to Reapply

Among all the infringements of the Second Amendment perpetrated by the Biden-Harris regime, one of the most punitive and consequential was ATF’s “zero tolerance” enforcement policy for Federal Firearms Licensees (FFLs). 

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

News  

Tuesday, May 27, 2025

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

A headline on the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives appeared late in the day on May 21: “ATF Launches New Era of Reform.” According to the accompanying announcement:

Texas: Pro-Gun Legislation Heading to the Governor's Desk!

Thursday, May 29, 2025

Texas: Pro-Gun Legislation Heading to the Governor's Desk!

This week, the Texas House and Senate passed several important pro-Second Amendment bills. These bills had previously passed their respective bodies and now head to Governor Abbott’s desk for his consideration.  

Trump Administration Revives Federal Firearm Rights Restoration Provision

News  

Friday, March 21, 2025

Trump Administration Revives Federal Firearm Rights Restoration Provision

On March 20, the U.S. Department of Justice (DOJ) published an interim final rule entitled, Withdrawing the Attorney General’s Delegation of Authority. That bland title belies the historic nature of the measure, which is aimed at reviving ...

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

News  

Friday, March 21, 2025

House Judiciary Committee Prepares to Advance Key Second Amendment Legislation

The House Judiciary Committee, led by Chairman Jim Jordan (R-OH-04), is planning to hold a legislative markup on March 25, 2025 at 10 am EST.  The Committee will be considering several bills during this markup, two ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.