New Mexico governor's temporary gun ban sparks court battle, law enforcement outcry

New Mexico's governor has moved to temporarily suspend the right to carry firearms in public in counties with high rates of violent crime, a move she said was necessary to curb gun violence but one that swiftly prompted legal challenges and outcry from local law enforcement officials.

Friday's order from Gov. Michelle Lujan Grisham, a Democrat, targets cities and counties averaging 1,000 or more violent crimes per 100,000 residents a year since 2021, according to the FBI's crime data. The municipality must also experience more than 90 firearm-related emergency department visits per 100,000 residents from July 2022 to June 2023. 

So far, Bernalillo County and Albuquerque are affected.

The governor has acknowledged that the order might not be constitutional and said she expected legal challenges.

“I welcome the debate and fight about how to make New Mexicans safer,” Lujan Grisham said at a news conference.

Local police say the order would be enforced by state law enforcement. "The governor made it clear that state law enforcement, and not APD, will be responsible for enforcement of civil violations of the order," Albuquerque Police Department Chief Harold Medina wrote in a statement posted on X, formerly Twitter.

Grisham said at her news conference that her office was working with New Mexico's Department of Public Safety on enforcement. The New Mexico Department of Public Safety did not immediately respond to USA TODAY's request for comment.

Bernalillo County Sheriff John Allen and District Attorney Sam Bregman have criticized the order. Meanwhile, the National Association for Gun Rights filed a lawsuit in U.S. District Court challenging it.

More:Group sues after New Mexico governor suspends rights to carry guns in Albuquerque in public

Lujan Grisham said she felt compelled to act because of a spate of killings. Among them: the death of an 11-year-old outside a minor league baseball stadium and the shooting death of 13-year-old Amber Archuleta in Taos County last month.

Archuleta's father applauded Lujan Grisham's actions: “We are looking for answers and solutions to this issue,” Joshua Archuleta said in a statement released Monday by his attorney.

Local police say they are 'not responsible for enforcing the Governor's ban'

Albuquerque Mayor Tim Keller said in a post on X that the Albuquerque Police Department was not responsible for enforcing the order.

"We welcome meaningful solutions and additional resources to fight crime in Albuquerque. ... Our officers will continue to enforce all criminal laws, combat gun violence and push for needed justice in our city," Keller said.

Allen, the Bernalillo County sheriff, wrote in a news release last week that he had reservations about the order because it could violate the U.S. Constitution and could put his agency at risk.

Conservatives are urging local communities to pass ordinances to not enforce Lujan Grisham's order. State Sen. David Gallegos, a Republican, called the order an "overreach."

“I don’t know why she is taking so much time disarming legal citizens of New Mexico," Gallegos said in an interview with the Carlsbad Current-Argus, part of the USA TODAY Network. "This is a bigger problem she’s been a part of when we don’t incarcerate people who commit crimes. My biggest fear is they’re going to push this out to break anyone that arms themselves."

What's the penalty for having a gun in the areas covered by the order? 

Anyone caught carrying a firearm on state property, public schools and parks could receive civil and administrative penalties, according to the order. The order says a person could face civil or administrative penalties, but it didn't clarify what those could be.

The order also doesn't give law enforcement the authority to imprison anyone for violating the order.

People 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 keep the gun from firing.

Early legal challenges  

Lujan Grisham and New Mexico Health Department Secretary Patrick Allen are listed as defendants in the lawsuit filed by the National Association for Gun Rights, which argues the orders violate the Second Amendment. The lawsuit cites a 2022 Supreme Court decision that struck down a New York gun law restricting the right to concealed carry outside the home.

The lawsuit seeks an injunction preventing the order from being enforced.

A second lawsuit, this one a class action, was filed on Sunday. It, too, seeks an injunction and makes similar arguments. 

Contributing: The Associated Press