A New Mexico federal judge says he will issue a temporary restraining order (TRO) against the governor’s ban on carrying a gun. Now that the judge has granted the TRO against New Mexico Gov. Grisham, you can now carry again without threat of harassment.
Raul Torrez, New Mexico’s attorney general (AG), said he would not back or defend her in this case. As New Mexico’s AG, one of Torrez’s responsibilities is to assist Governor Michelle Lujan Grisham when she encounters legal issues.
“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” Torrez said in the letter.
The judge says he will issue a written order granting the temporary restraining order against the New Mexico governor's carry ban either today or tomorrow, but it is effective AS OF 2:55PM TODAY. A hearing on the motions for preliminary injunction will be held on October 3rd.
— Firearms Policy Coalition (@gunpolicy) September 13, 2023
Gov. Grisham cannot enforce the emergency health order because of this. The hearing for a preliminary injunction is October 3rd. If that is granted, the next step will be a hearing for a permanent injunction.
The attorney handling the case for the governor said today that “no law” may infringe on the Second Amendment. Instead, he argued that the order isn’t a law, it’s an executive action and, therefore, should be allowed.
I’m seeing this being tried more and more. Change the definition to match your goal.
There are at least three groups with cases already filed besides this one, plus the Republican Party is preparing their case.
Over the last few days, Gov. Grisham has kept doubling down on her emergency order. If this were a chess game (which it is), what do you think her next move would be?