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Gun rights organizations sue New Mexico governor over gun violence order | CNN Politics

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Gun rights organizations sue New Mexico governor over gun violence order | CNN Politics




CNN
 — 

The National Association for Gun Rights filed a lawsuit against New Mexico’s Democratic governor and health secretary Saturday over orders declaring gun violence a public health emergency and suspending open and concealed carry laws in cities and counties based on crime statistics.

Gov. Michelle Lujan Grisham issued the emergency order after the shooting deaths of three children from July through September, as well as a pair of mass shootings in the state.

The lawsuit, filed in the US district court for New Mexico on Saturday, lists Lujan Grisham and New Mexico Department of Health Secretary Patrick Allen as defendants.

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The National Association for Gun Rights argues in the lawsuit that the orders violate the Second Amendment.

“The State must justify the Carry Prohibition by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. But it is impossible for the State to meet this burden, because there is no such historical tradition of firearms regulation in this Nation,” the lawsuit reads.

Throughout the suit, the plaintiffs cite a 2022 Supreme Court decision that struck down a New York gun law that restricted the right to concealed carry outside the home.

The lawsuit also lists Albuquerque resident Foster Allen Haines as a plaintiff. Haines intended to partake in the state’s open carry law, according to the complaint.

“Haines is precluded from doing so by the Carry Prohibition, which deprives him of his fundamental right to keep and bear arms for lawful purposes protected by the Second Amendment,” the lawsuit reads.

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The plaintiffs ask the court to grant an injunction prohibiting the emergency order from being enforced, the lawsuit states.

A second lawsuit was also filed Saturday against Lujan Grisham; Allen; Department of Public Safety Secretary Jason Bowie; and State Police Chief W. Troy Weisler by Bernalillo County resident Randy Donk and the Gun Owners of America. The suit likens the executive order and public health emergency declaration to “martial law” and argues that it is a suspension of constitutional rights.

This lawsuit also asks the court for an immediate temporary restraining order and later a preliminary and permanent injunction to be granted.

Caroline Sweeney, a spokesperson for Lujan Grisham, said in a statement Sunday that the governor “is prepared to fight challenges to her decision.”

“Gun violence is a public health emergency in the state and extraordinary measures are required to prevent more innocent New Mexicans from being killed by guns,” the statement said.

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CNN has reached out to the Department of Health for comment on the lawsuits.

Lujan Grisham last week also issued a statewide enforcement plan that includes a 30-day suspension of open and concealed carry laws in Albuquerque and surrounding Bernalillo County, CNN previously reported.

The order, which went into immediate effect, temporarily bans the carrying of guns on public property in those counties with certain exceptions, according to the governor’s office. Citizens with carry permits will still be allowed to possess their weapons on private property such as gun ranges and gun stores if the firearm is transported in a locked box, or if a trigger lock or other mechanism is used to render the gun incapable of being fired.

The order also prohibits firearms on state property, including state buildings and schools, as well as at parks and other places where children gather. Under the order, licensed firearm dealers will be inspected monthly by New Mexico’s Regulation and Licensing Division to ensure compliance with sales and storage laws.

This story has been updated with additional information.

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New Mexico

Infant abducted from New Mexico park after mother, another woman found dead, police say

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Infant abducted from New Mexico park after mother, another woman found dead, police say


An Amber Alert was issued for a 10-month-old girl after the baby’s mother and another woman were discovered dead and a 5-year-old was found injured in a New Mexico park.

The Clovis Police Department issued the Amber Alert for Eleia Maria Torres on Friday after officers were dispatched to Ned Houk Park near Clovis around 4:30 p.m. in response to a 911 call about a person finding two deceased women.

New Mexico State Police said they do not have a suspect at this time but believe the person was driving a maroon Honda.

 Eleia Maria Torres. (Clovis Police Department)

Eleia Maria Torres. (Clovis Police Department)

Officers found the women lying on the ground near a silver Dodge minivan, Clovis police said in a Facebook statement. They had apparently been shot.

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A 5-year-old girl was found suffering from a gunshot wound to her head, according to statements from Clovis police and state police. She was taken to a hospital in Lubbock, Texas, about 100 miles southeast of Clovis.

At the scene was also an infant car seat, an infant stroller and a small baby bottle, police said.

“Officers were concerned there was an infant child with the female victims when this incident happened,” Clovis police said.

Officers immediately began searching for Eleia but could not find her.

The women were identified by police as Samantha Cisneros, the mother of both children, and Taryn Allen. Both women are 23 and from Texico, New Mexico.

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Authorities believe Eleia was abducted by the perpetrator “and is in immediate danger,” Clovis police said.

“Many details about this incident are unknown and under investigation, but of urgent concern is the whereabouts of Eleia Maria Torres,” state police said.



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New Mexico

New Mexico studies financial equity among higher education institutions

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(New Mexico News Connection) New Mexico is taking a deep dive into its funding of public colleges and universities to determine if inequities need to be addressed. The Higher Education Sustainability Study will review and recommend changes to the formula used to fund higher ed.

Gerald Hoehne, director, Capital Outlay Division with the New Mexico Higher Education Department, said it will look at possible inequities among the full range of sectors – from colleges and universities to research institutions, independent community colleges and branch campuses.

“The differences between community colleges and research institutions – those differences have come into how they’re funded. So, this study gives us an opportunity to look at that in more detail,” he said.

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Community colleges disproportionately serve low-income students and students of color, but New Mexico is among the majority of states where two-year institutions receive thousands of dollars less in education revenue per student enrolled than four-year institutions, according to a 2020 study by the Center for American Progress.

Hoehne expected study results to be available by mid-October ahead of the 2025 legislative session, so lawmakers have insight and can make changes they feel are needed. The Legislature earmarked $187 million for higher education in 2024 – more than double last year’s investment and one of the largest investments in higher education in state history. Hoene said an initiative within the study will look at how New Mexico’s funding compares to other states.

“To understand if there is different ways in which other states are addressing the different types of institutions and how we potentially may be able to incorporate any changes to our process to address those differences,” he continued.

The National Center for Higher Education Management Systems is conducting the equity study on behalf of the state.



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New Mexico

Evacuations underway in Timberon as Oakmont Fire grows to 100 acres

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Evacuations underway in Timberon as Oakmont Fire grows to 100 acres


This is a developing story and will be updated as more information becomes available.

A wildfire erupted on Oakmont Road in Timberon Friday, May 3 forcing the evacuation of local neighborhoods as firefighters continue to attempt to contain the blaze.

The wildfire, dubbed the Oakmont Fire, was discovered at approximately 12:28 p.m., according to a report by the New Mexico Forestry Division.

Since then evacuations have been ordered in the area of Sacramento Drive and Paradise Valley Drive. Those evacuated are being provided shelter at Cloudcroft High School located at 10 Swallow place in Cloudcroft.

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Otero County opened its fairgrounds at 401 Fairgrounds Road in Alamogordo for animals and livestock to be evacuated to. Circle Cross Ranch at 1282 Sacramento Drive is also accepting animals in need of evacuation.

Here’s what we know about the blaze.

Wildfire erupts in Sacramento Mountains

Timberon is within the Sacramento Mountains and within Otero County limits. There cause of the ignition is unknown.

The fire is burning pinon, juniper and pine fuels within a populated neighborhood.

As of 8:45 p.m. the Oakmont Fire has reached approximately 100 acres and is 0% contained, according to a news release.

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The fire was reported to be exhibiting “torching behavior” meaning it has moved from the ground up to crowns of trees.

Are you prepared for a wildfire? What to know about ‘Ready, Set, Go’

Smoke and fire map of New Mexico wildfire

Wildfire smoke map: Track fires and ref flag warnings across the US

Road to Timberon close as firefighters attempt to contain the blaze

“All roads in and out of Timberon are currently restricted with no estimated time of opening,” George Ducker, communications coordinator for the New Mexico Forestry Division, said in the release.

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Officials have asked locals to refrain from calling 911 unless it is an emergency.

Firefighters are reportedly attempting to suppress the fire using air support, a tactic that officials said has proven effective in slowing the fire.

A Type three Incident Management Team has been ordered to take command. A Type three incident management team consists of 10 to 20 people in different areas of the fire handling major and complex incidents within the community.

New Mexico wildfire history: These are the largest recorded wildfires in New Mexico history

Otero County has released resources such as local fire department and law enforcement to help with efforts to contain the blaze expected to last until Saturday morning.

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“Crews are responding from Forestry Division, the US Forest Service, Otero County, and local volunteer fire departments. These include large air tanker and helicopter support, and the Smokey Bear and Sacramento Hotshot Crews,” Ducker said.

There will be increased activity in the area as firefighters and equipment will be relocating as needed. Ultimately, full containment is not expected until Monday, May 6 as winds may pick up over the weekend.

“West/southwest wind 12-17 mph, decreasing to 6 to 11 miles per hour after midnight. Winds could gust as high as 24 mph. Tomorrow’s high near 73 degrees. North wind 7 to 16 mph becoming south in the morning. Gusts as high as 23 mph,” according to the news release.

The public can continue to follow updates on the fire at the New Mexico Forestry Division’s X account or Facebook page.

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Juan Corral can be reached at JCorral@gannett.com or on twitter at @Juan36Corr.





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