An effort to suspend gun-carry rights in public parks, playgrounds and other areas where children are often present went under the legal microscope Tuesday in a federal court in New Mexico, where the Democratic governor is testing the boundaries of her authority and constitutional law in response to violent crime in the state’s largest metro area.
Gun rights advocates urged a federal judge to extend his September decision blocking all temporary gun restrictions by Gov. Michelle Lujan Grisham, arguing that even a new, scaled-back version of the public health measure would deprive Albuquerque-area residents of constitutional rights to carry a gun in public for self-defense under the 2nd Amendment.
An attorney for Lujan Grisham delivered an impassioned defense of the state’s public health order Tuesday, calling it a “temporary cooling-off period” in response to several recent shootings that killed children and evidence of surging gun violence. The governor plans to reissue her emergency orders on gun violence and drug for at least an additional 30 days, Lujan Grisham spokeswoman Maddy Hayden said Monday in an email. She said the urgent approach to violent crime is spurring arrests and reining in gunfire, even as the enforcement of gun restrictions is on hold.
Urias said in a recent court filing that restrictions on gun activity at playgrounds and other places where children play “may very well be constitutional.” Some influential Democrats and civil rights leaders warn that the governor’s move could do more harm than good to overall efforts to ease gun violence, and the Democratic state attorney general has urged her to reconsider.
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