Open and concealed carry "privileges" suspended in Albuquerque for 30 days

[darkwater34]

The stay will probably remain in effect as long as the Attorney General for the State of New Mexico doesn't decide to defend Governor Grisham. And hopefully if the A.G. takes up the case the judge remains vigilant in his previous ruling..

[40calfunk]

10/3 Preliminary Injunction Hearing

Audio just went live @ https://www.nmcourt.uscourts.gov/usdcdnm-abq-mimbres/

login: audio / 07FE9C

[40calfunk]

TRO extended till Oct 11; awt ruling on PI

Well, Judge Urias found that the original EO/PHP is now moot since Grisham had amended the order.

All parties are now enjoined together under the 2nd motions for PI filed by NAGR and We the Patriots USA. The arguments now before the court seem to revolve around the vagueness of the new order (playgrounds or where children play) and Bruen's 2-step analysis process to properly analyze the playgrounds/play areas as "sensitive places". ***Judge Urias did indicate that plaintiffs did meet the first step...you know what comes next (hint: Grisham's attorney, Mrs. Agajanian, only provided emotional arguments and stats to support an interest balancing attempt).

The Court has ultimately taken the arguments under advisement, extended the original TRO until October 11th (to give the Court enough time to make a judgment), and requested any supplemental briefs filed by this Friday (October 6) limiting to those to 5 pages.

I recorded the entire hearing (roughly 2.25 hrs) and if there's interest in disseminating it, I'll figure out a way to get it out.

[Rickybillegas]

Well, I consider this a win. As much as we'd like to in the real world, we can't have everything. We got an injunction against most of the worst aspects of the sensitive places, and N Mexicans can now carry in most public places.

As for parks and playgrounds, as much as I would like to have that injuncted, I doubt it will be. We are just going to have to deal with that one in another suit on the national level and SCOTUS finally clears this complete mess once and for all.

[AlmostHeaven]

Well, Judge Urias found that the original EO/PHP is now moot since Grisham had amended the order.

All parties are now enjoined together under the 2nd motions for PI filed by NAGR and We the Patriots USA. The arguments now before the court seem to revolve around the vagueness of the new order (playgrounds or where children play) and Bruen's 2-step analysis process to properly analyze the playgrounds/play areas as "sensitive places". ***Judge Urias did indicate that plaintiffs did meet the first step...you know what comes next (hint: Grisham's attorney, Mrs. Agajanian, only provided emotional arguments and stats to support an interest balancing attempt).

The Court has ultimately taken the arguments under advisement, extended the original TRO until October 11th (to give the Court enough time to make a judgment), and requested any supplemental briefs filed by this Friday (October 6) limiting to those to 5 pages.

I recorded the entire hearing (roughly 2.25 hrs) and if there's interest in disseminating it, I'll figure out a way to get it out.

Did you attend the hearing in-person or remotely?

[40calfunk]

Did you attend the hearing in person or remotely?

I attended from the comfort of my home office, sipping coffee, since public access was granted to the live-stream audio...see post #243

[darkwater34]

Parks and Playgrounds should be a big worry because if that little NAZI gets her way she will add other places turning NEWS MEXICO INTO CALIFORNIA.

[AlmostHeaven]

Parks and Playgrounds should be a big worry because if that little NAZI gets her way she will add other places turning NEWS MEXICO INTO CALIFORNIA.

Democratic governors everywhere will implement the New York Concealed Carry Improvement Act via executive order if judges fail to stop New Mexico.

[darkwater34]

Yes I agree New Mexico right now is the small Crack in the dam, and this Crack needs to be patched and sealed permanently. .

[Jimi Jah]

Are the 30 days up now?

[Rickybillegas]

Parks and Playgrounds should be a big worry because if that little NAZI gets her way she will add other places turning NEWS MEXICO INTO CALIFORNIA.

But the law has already been injuncted in many of the places California wants banned.
So, she is not getting away with much so far. She only picked parks and playgrounds because there wasn't much else left after the (Biden) Judge spanked her. She's trying to save face.

Unlike some of the other so called 'sensitive places', parks and playgrounds
are a more contentious problem (not that I think they should be), because the anti-gunners are trying to argue that it is specifically a vulnerable place for children. They use the idea that 'schools' are accepted as sensitive places
(erroneously, see Mark Smith explain why), because of children.

So, the logic goes that because children are frequently gathered particularly at playgrounds and parks, they qualify as sensitive places under BRUEN.
And a number of Judges are buying this (see MD).

I think this will eventually be shot down, but not until it reaches SCOTUS.
In the meantime, I think judges in general of either political bent will injunct other sensitive places, but be cautious and even confused about parks and especially playgrounds.

[Rickybillegas]

In short, Mark smith explains that schools as a sensitive place is not a given, even though I think most people think so. Why? Because the statute supporting the banning of firearms during the formative period applied to children on school grounds but NOT the adults.

Watch the whole video if anybody's inclined.

[40calfunk]

Headed for Appeal?

Motion for PI, from October 3rd's hearing, has been denied. Judge Urias' opinion published on October 11th.

Mark Smith does a swell job of pointing out the Judge's mistakes and what most likely will be challenged in the 10th USCA.

[darkwater34]

Yes this judge has really screwed up either a real rush job and he was not being proof read.

[AlmostHeaven]

Liberal judges shamelessly play progressive activist from the bench, routinely inventing new constitutional constructions from scratch to block conservative policies such as gender-affirming care bans for minors, yet they allow Democratic politicians to infringe upon Second Amendment rights via executive fiat.