SANTA FE, N.M. (AP) — A U.S. District Court judge is standing by her decision to block portions of a public health order from New Mexico’s governor that would suspend the right to carry firearms in many public parks in the Albuquerque area, with appeals pending before a higher court.
The Monday order from Albuquerque-based Judge Kae Riggs denied a request from the governor to leave in place a temporary ban on firearms in some public places in greater Albuquerque, including most public parks.
Riggs earlier concluded that Gov. Michelle Lujan Grisham has not yet demonstrated a historical tradition of banning firearms in public parks or similar areas in the past, in response to a lawsuit by Torrance County resident James Springer — a plaintiff in one of several lawsuits filed against the governor by gun rights advocates.
“Our position is that’s not something that is contemplated under the Second Amendment,” said Springer’s attorney, A. Blair Dunn, applauding the judge’s order.
Last year, U.S. District Judge David Urias ruled in the other direction in a victory for the governor, rejecting a request from other gun rights advocates to block temporary firearms restrictions while challenges move forward. It will likely fall to the U.S. 10th Circuit Court of Appeals in Denver to reconcile the orders from Urias and Riggs.