Where the lawsuits attempting to block NM firearm restrictions stand

Source NM ^ | September 12, 2023 | Megan Gleason

[Reno89519]

It’s up to federal judges to choose how and when to proceed on lawsuits filed over the weekend attempting to block a public health order issued last week by Gov. Michelle Lujan Grisham that, among other things, restricts the possession of guns in public.

A hearing is supposed to be scheduled for at least one lawsuit in the future but that date is unknown as of Monday evening.

The cases are now in the hands of U.S. District Judge David Urias and U.S. Magistrate Judge Laura Fashing. On Monday, they were assigned to the four lawsuits. Their next step is to figure out if and when to schedule hearings.

On Sept. 8, Lujan Grisham and Department of Health Secretary Patrick Allen signed a 30-day order that prohibits anyone in Albuquerque or Bernalillo County from possessing a firearm in public, whether it’s concealed or open carry.

Since then, there have been four civil lawsuits filed against Lujan Grisham, Allen and other New Mexico officials, all focused on blocking the gun restrictions included in the public health order.

The cases all have similar requests to federal judges seeking to stop the enforcement of Lujan Grisham’s order in the immediate and long-term future.

More lawsuits could still come. The New Mexico Shooting Sports Association told the New York Times on Saturday it was in the process of filing another lawsuit, which hadn’t been submitted as of Friday evening.

Information about what’s happening with each lawsuit can be found below.

Hearing postponed for Donk v. Grisham

Urias had scheduled a hearing for Tuesday for the lawsuit filed by the Gun Owners Foundation, Gun Owners of America Inc. and Bernalillo County resident Randy Donk. It was canceled on Monday afternoon, the same day it was scheduled.

The hearing will be rescheduled at a later date, according to online records from the federal courts system.

A federal judge will determine the request to temporarily exempt officials like state officers from having to enforce Lujan Grisham’s public health order.

The three other lawsuits are also seeking the same from a federal judge.

The lawsuit filed on Saturday names Lujan Grisham, Allen, New Mexico Department of Public Safety Cabinet Secretary Jason Bowie and New Mexico State Police Chief Troy Weilser as defendants.

The lawsuit asks that the defendants have no chance to respond to the requested temporary restraining order.

The plaintiffs are represented by Albuquerque-based attorney Mark Carus.

Judges assigned to National Association for Gun Rights v. Grisham

The National Association for Gun Rights and Albuquerque resident Foster Allen Haines, represented by Albuquerque attorney Timothy White, filed their lawsuit against Lujan Grisham and Allen on Saturday.

Urias and Fashing are the judges assigned for this case.

There’s no scheduled hearing date, as of Monday evening.

White requested that a hearing be set within a week.

He also filed a notice on Monday that the three other civil lawsuit cases are related to this one with overlapping defendants, claims or parties.

Judges assigned to Blas v. Grisham

The case filed by Bernalillo County resident Shawn Blas, represented by Albuquerque-based attorney Marc Lowry, on Sunday sues Lujan Grisham and Allen as well as the general Office of the Governor and the New Mexico Department of Health.

Urias and Fashing are the assigned judges for this case.

There’s no scheduled hearing date, as of Monday evening.

Lowry had requested on Monday that a half hour-long hearing be set for the same day, which didn’t happen.

The defendants got a summons to court on Monday for this case.

Judges assigned to We The Patriots USA INC. v. Grisham

We The Patriots USA, Inc., a nonprofit focused on protecting constitutional rights, and Dennis Smith, Albuquerque resident and member of We The Patriots, are represented by Connecticut-based attorney Cameron Atkinson and Gallup, N.M.-based attorney Jeremy Gay in this case.

Their lawsuit, filed on Saturday, names Lujan Grisham, Allen, Bowie, Weisler and Albuquerque Police Department Chief Harold Medina as defendants.

Urias and Fashing are the assigned judges for this case.

There’s no scheduled hearing date, as of Monday evening.

Atkinson also requested on Monday that a 30-minute hearing be set for the same day, which didn’t happen.

[Texas Fossil]

OK. That makes sense.

Even the Lefties know this is stupid.

[Nervous Tick]

>> American males need to stop voting with their Johnsons.

True, but I seriously doubt that any male with a working Johnson and even partial eyesight voted for Grisham as a result of thinking with the wrong head.

[FlingWingFlyer]

:o)

[I want the USA back]

She cannot override the Second Amendment. It’s part of the Constitution. It can be changed only through the process by which the Constitution is changed.

She is in violation of the Constitution, but since our federal government doesn’t accept the Constitution, nothing will be done about it by the “justice” department.

[Reno89519]

She’s also in violation of the New Mexico state constitution. Did again it’s getting someone to actually act on it at

[TexasFreeper2009]

this should have been stayed by a judge IMMEDIATELY!

this is no different that suspending the 1st amendment, because of a made up emergency. It is preposterous.

[CodeToad]

“American males need to stop voting with their Johnsons.”

But mine reaches the computer screen to punch in my votes.

[ridesthemiles]

Can a Governor be recalled In New Mexico???

[Reno89519]

Probably, maybe, but that would take months. I think the federal court is quickest, impeachment second.

[CedarDave]

Our local oil patch paper opined this morning that a close reading of her order does not limit it to Albuquerque but statewide. The order has yearly “trigger” numbers of 1,000 violent crimes per 100,000 residents or 90 gun-related emergency room visits per 100,000 residents. For Lea county the most recent number is 2,312 and Hobbs has 1,415. violent crimes. So by that reading she could by edict impose the same sanctions on the politically conservative county and city. Unfortunately, the Hobbs News-Sun is subscription only and articles cannot be copied or linked from the e-edition.

[CedarDave]

Please note my comment at #30. MLG’s unconstitutional order is not limited to just ABQ and Bernalillo counties but could be expanded to any city or county that exceeds the crime limits stated in her order.

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[CedarDave]

Can a Governor be recalled In New Mexico???

No, recall is not available in the NM constitution. Impeachment is available but extremely unlikely with Dim super-majorities in both houses of the legislature.

[CedarDave]

Can a Governor be recalled In New Mexico???

No, recall is not available in the NM constitution. Impeachment is available but extremely unlikely with Dim super-majorities in both houses of the legislature.

[Luke21]

“Bernalillo county has also announced their district attornies will decline to prosecute anyone whose arrest stems from this order.”

I saw that two days ago.

[ExTxMarine]

Right? Many more humans die from abortions, than gunshots, every dang year!!

[EastTexasTraveler]

Biden appointed judge. They will be lucky to ever get a hearing.

[Lean-Right]

Is it possible to jail 681,000
people for defying an illicit
decree? Even most democrats I
know enjoy their God given rights.
The American in me defiantly
wishes to strap on my pistol
and casually walk down Central
Avenue in Albuquerque. Perfectly
legal as long as I don’t enter any
establishment that sells liquor.
(In Kelly’s liquor establishment,
all employees are armed, and quite
the contradiction to state laws).
Kind of cool when you see a 20 year
old cutie packing a .44.
I believe it’s a pre-requisite to
employment.

If they can pack, why can’t I?