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New Mexico governor's gun restriction orders to be reviewed by state Supreme Court

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New Mexico governor's gun restriction orders to be reviewed by state Supreme Court


  • Gun rights advocates are urging the New Mexico Supreme Court to block emergency orders by Gov. Michelle Lujan Grisham restricting guns.
  • The legal standoff is part of a broader trend, with challenges to gun restrictions emerging following a U.S. Supreme Court decision last year that expanded gun rights.
  • Petitioners argue that the governor has exceeded her authority by infringing on the Second Amendment.

Advocates for gun rights are urging the New Mexico Supreme Court 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 was scheduled to hear oral arguments Monday 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.

NEW MEXICO GOV. GRISHAM PROPOSES SPENDING INCREASE FOR HOUSING, EDUCATION AND HEALTH CARE

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.

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New Mexico Gov. Michelle Lujan Grisham speaks on Aug. 9, 2023, in Belen, N.M. Advocates for gun rights are urging the state Supreme Court to block emergency orders by Gov. Michelle Lujan Grisham that suspends the right to carry guns at public parks and playgrounds in New Mexico’s largest metro area by treating gun violence as a public health crisis. (AP Photo/Alex Brandon, File)

The petitioners say Lujan Grisham has 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 that have been refined over the course of more than a century, including concealed handgun laws. The state Republican and Libertarian parties also support the legal challenge.

In defining what constitutes a public health emergency, the governor asserts that both 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 said.

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US JUDGE UPHOLDS NEW MEXICO GOV. GRISHAM’S SUSPENSION ON GUN-CARRY RIGHTS IN PUBLIC PARKS, PLAYGROUNDS

Separately, a federal judge has allowed enforcement of the gun provision to continue while legal challenges run their course. The October ruling by U.S. District Judge David Urias marked a victory for Lujan Grisham.

The governor’s orders, first issued on Sept. 8, 2023, sparked public protests among gun rights advocates and additional legal challenges in federal court that are still underway.

Initial restrictions on carrying guns were scaled back from the original order that broadly suspended the right to carry guns in most public places, which the Bernalillo County sheriff and Albuquerque’s police chief had refused to enforce.

The governor’s health order includes directives for gun buyback efforts, monthly inspections of firearms dealers statewide, reports on gunshot victims at New Mexico hospitals and wastewater testing for indication of illicit drug use at public schools.

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Longtime NRA leader Wayne LaPierre resigned before Monday’s start of a civil trial in New York over allegations he treated himself to lavish perks at the expense of the powerful gun rights group.



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New Mexico

Nina Otero-Warren: A powerful voice for New Mexico women, children and education

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Nina Otero-Warren: A powerful voice for New Mexico women, children and education


Consuelo Bergere Kenney Althouse received an unexpected phone call in March 2021.

The voice on the other end of the line was an attorney from the U.S. Department of the Treasury seeking permission to decorate millions of commemorative quarters with the face of Althouse’s distant relative, Adelina “Nina” Otero-Warren.

To Althouse, Otero-Warren was one among a “mantle of tías” — a looming but loving group of women with shiny shoes, tight buns and high expectations — in Althouse’s large Santa Fe family. Althouse had grown up visiting Las Dos, Otero-Warren’s homestead in the hills north of Santa Fe, for family celebrations. 

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Behind the scenes of the Bernalillo County Metropolitan Court

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Behind the scenes of the Bernalillo County Metropolitan Court


ALBUQUERQUE, N.M. — The Metropolitan Court of Bernalillo County had another packed docket Saturday morning.

 “We are the busiest courthouse in the state. We see more than every other courthouse does, from the traffic tickets to the misdemeanor cases and the initial felony cases that are filed here,” said Metropolitan Court Chief Judge Joshua Sanchez.

Sanchez says the court oversees about 100 cases a day and Saturday New Mexico’s top judge, Chief Justice David Thomson of the New Mexico Supreme Court, got a firsthand look at the court’s caseload.

Sanchez says he welcomes the visit.

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“We go to these statewide meetings, and they hear about how things happen. But until you actually kind of sit there with another judge and see what happens, it’s kind of eye-opening to see the kind of controlled chaos that we have on a Saturday morning,” he said about the visit.

He adds their biggest challenge at Metro Court is the case load.

Thomson says he plans to visit courts statewide to see these challenges for himself.

“I think it’s a good idea just to come down and see it. And what you see, if you watch these, is you see all the interactions between what we face, just not as a court system, as a society, right?” said Sanchez.

Just from one morning sitting in on court proceedings, he said it’s clear mental health plays a huge part in a lot of the cases metro court hears.

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“If there are questions of competency, we can catch those questions here, rather when they get transferred to felony court, that’s one, can they be assessed early on,” Thomson said.

He also noticed a lot of repeat offenders.

“I think it’s very helpful to see it firsthand. On a few of these individuals. I’ve actually asked to look at some of the criminal history, so I have an understanding of the particulars,” said Thomson.

Sanchez said he hopes for more visits like this in the future.

“It’s just nice to give some real perspective and validates, I think, a lot of the things that we do communicate to AOC and the Supreme Court and things that we’re seeing,” said Thomson.

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‘Georgia O’Keeffe: The Brightness of Light’ documentary illuminates the artist’s NM connection

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‘Georgia O’Keeffe: The Brightness of Light’ documentary illuminates the artist’s NM connection


New York brought Georgia O’Keeffe fame. New Mexico brought her freedom. Among the multiple documentaries created about her, none have given the iconic artist the full biographical treatment, complete with massive research, the artist’s letters and the cooperation of her namesake museum.



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