Las Vegas Review-Journal

N.M. high court weighs gun lawsuit

Gov. Grisham’s public health ban challenged

- By Morgan Lee

SANTA FE, N.M. — Advocates for gun rights urged the New Mexico Supreme Court on Monday to block emergency orders by Gov. Michelle Lujan Grisham restrictin­g people from carrying guns at public parks and playground­s in the state’s largest metro area and address gun violence as a public health crisis.

The state Supreme Court heard oral arguments Monday without issuing a ruling in a lawsuit brought by Republican state legislator­s, the National Rifle Associatio­n and several residents of the Albuquerqu­e area that include retired law enforcemen­t officers, former federal agents, licensed firearms instructor­s and a gun-shop owner.

The state’s legal standoff is one of many — from an Illinois ban on high-powered rifles to location-based restrictio­ns in New York — since a U.S. Supreme Court decision last year expanded gun rights and as leaders in politicall­y liberal-leaning states explore new avenues for restrictio­ns. A California law was set to take effect Jan. 1 banning firearms in most public places, but a legal challenge has held up implementa­tion.

Lujan Grisham, a second-term Democrat, first invoked the orders in response to a spate of shootings that included the death of an 11-year-old boy outside a minor league baseball stadium.

Supreme Court justices questioned attorneys for more than an hour as they weighed whether to rein in the governor’s use of emergency powers to restrict firearms.

“It seems to me that there are guardrails, so to speak. … You have to say the nature of the public health emergency,” Justice Michael E. Vigil, told an attorney for the governor. “Where is the statistica­l informatio­n showing that gun violence in public parks in Albuquerqu­e and in Bernalillo County is a problem? There’s nothing in these declaratio­ns that show that.”

The high court adjourned without setting a deadline or a decision.

The petitioner­s say Lujan Grisham oversteppe­d her authority as governor in violation of the Second Amendment and that gun violence and drug abuse don’t qualify as public health emergencie­s that can limit access to firearms even temporaril­y.

They accuse the governor of infringing on the Legislatur­e’s authority and overriding gun regulation­s.

In defining what constitute­s a public health emergency, the governor asserts that gun violence and drug abuse “comfortabl­y fall within” the category because of extremely dangerous conditions posed by weapons and toxic chemical agents posing an imminent threat to many New Mexico residents.

The temporary orders don’t violate constituti­onal rights, she says.

Separately, a federal judge has allowed enforcemen­t of the gun provision to continue while legal challenges run their course.

 ?? Eddie Moore The Associated Press ?? New Mexico Supreme Court Chief Justice Michael Vigil, center, along with Justice Julie Vargas, left, and Chief Justice Shannon Bacon question Holly Agajanian, the governor’s chief general counsel, Monday during oral arguments over the challenge to Gov. Michelle Lujan Grisham’s executive order prohibitin­g firearms in Albuquerqu­e parks and playground­s.
Eddie Moore The Associated Press New Mexico Supreme Court Chief Justice Michael Vigil, center, along with Justice Julie Vargas, left, and Chief Justice Shannon Bacon question Holly Agajanian, the governor’s chief general counsel, Monday during oral arguments over the challenge to Gov. Michelle Lujan Grisham’s executive order prohibitin­g firearms in Albuquerqu­e parks and playground­s.

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