Gun Groups Fight Unconstitutional New Mexico Carry Ban

The Firearms Policy Coalition (FPC) filed a brief last week with the Tenth Circuit Court of Appeals in Fort v. Grisham, its lawsuit challenging the New Mexico Governor’s total ban on carry in public parks and playgrounds. The brief can be viewed at firearmspolicy.org/grisham.

In a July 24th Order, the Court required the parties to file supplemental briefs answering three questions about the appeal. FPC’s brief explains that “after accounting for the issues the Court has raised, it remains the case that the Court should reverse the decision below and order entry of an injunction against the challenged provisions of the Governor’s order.”

“Plaintiffs have also declared that they will visit parks that are not covered by those ordinances, and regardless, the threat of prosecution under the Governor’s carry ban alone supports irreparable harm and standing,” the brief continues. “In short, the Governor’s ban harms appellants, and their harm can be redressed by a preliminary injunction.”

Oral arguments at the Tenth Circuit are scheduled to take place Sept. 25, 2024.

On Sept. 7, 2023, New Mexico Gov. Michelle Lujan Grisham, a Democrat, declared gun violence a public health emergency and issued an executive order suspending open and concealed carry laws in Albuquerque and Bernalillo County. The order temporarily banned the carrying of guns on public property, including parks and playgrounds, with certain exceptions and was issued for 30 days. Since that time, Grisham has reissued the order every 30 days even as it has come under repeat court challenges. The current order, Executive Order 2024-125, remains in effect until Sept. 13, at which time the “temporary” order will have remained in effect for more than a year.

The Fort case is part of FPC’s high-impact FPC Law strategic litigation program to “eliminate immoral laws and create a world of maximal liberty.” FPC is joined in the litigation by one individual FPC member, the Second Amendment Foundation (SAF) and the New Mexico Shooting Sports Association.