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

[Rickybillegas]

The decision is short on rationale. "Playgrounds are like schools because that's where children are."

Umm, what?

Under that nonsense, every home in the city is a sensitive place because that's where children are. I mean, WTF?

On top of that, isn't it the sole prerogative of the legislature to define what a sensitive place is? How the heck did this judge think he was going to get away with him deciding what is and isn't a sensitive place?

I think it goes back to the anti-gunners seizing on the 19th century law that prohibited certain persons carrying on college campuses.

Mark Smith explained this on one of his videos. The law was 'in loco parentis' meaning only adults could carry, and underage could not. This law was seized upon to allegedly prove that where children are congregated, it constitutes a 'sensitive place'. The advocates of this don't mention that adults were allowed to carry under this law, because they hope you don't know. It stuck and is being used in courts and legislatures across the country and nobody in authority is correcting them or calling it out. It is now practically speaking an item of gospel truth in most peoples view.

[GetMeCoffee]

Somehow, I find it hard to imagine that "playgrounds" are either well enough defined or established so as to be identifiable as as sensitive place. Unlike "courtrooms", which is pretty well defined and established, a playground could potentially be anything a city council calls it. If all of San Francisco isn't a playground, I'm not sure what is. Manhattan could be deemed a playground. Sarcasm aside, it would be trivial to designate Central Park as a playground.

If they're going to say that playgrounds are a sensitive place based on a historical tradition, then it needs to be a narrow definition based on what is outlined in that historical tradition.

[AlmostHeaven]

Somehow, I find it hard to imagine that "playgrounds" are either well enough defined or established so as to be identifiable as as sensitive place. Unlike "courtrooms", which is pretty well defined and established, a playground could potentially be anything a city council calls it. If all of San Francisco isn't a playground, I'm not sure what is. Manhattan could be deemed a playground. Sarcasm aside, it would be trivial to designate Central Park as a playground.

If they're going to say that playgrounds are a sensitive place based on a historical tradition, then it needs to be a narrow definition based on what is outlined in that historical tradition.

Allowing even part of the executive order to stand generates an outrageous precedent that governors may expand the definition of sensitive places via fiat rather than duly enacted legislation. The separation of powers aspect concerns me far more than making playgrounds gun-free zones, although I certainly facially disagree with the policy.

[GetMeCoffee]

Allowing even part of the executive order to stand generates an outrageous precedent that governors may expand the definition of sensitive places via fiat rather than duly enacted legislation. The separation of powers aspect concerns me far more than making playgrounds gun-free zones, although I certainly facially disagree with the policy.

Yeah - I didn't mean to infer that's OK with me. I was just considering that they'd apparently found some kind of place analogous to a playground where historical restrictions existed, and under Bruen the restriction would be allowed to stand. If that is the case, I think it's important to make sure that the restriction can't jump from [historical restricted place] to "playground" to "play area" to "recreation area" to "exercise zone" to "trail", "sidewalk", "staircase" etc.

[AlmostHeaven]

Yeah - I didn't mean to infer that's OK with me. I was just considering that they'd apparently found some kind of place analogous to a playground where historical restrictions existed, and under Bruen the restriction would be allowed to stand. If that is the case, I think it's important to make sure that the restriction can't jump from [historical restricted place] to "playground" to "play area" to "recreation area" to "exercise zone" to "trail", "sidewalk", "staircase" etc.

I concur. Our positions align.

[rplaw]

Allowing even part of the executive order to stand generates an outrageous precedent that governors may expand the definition of sensitive places via fiat rather than duly enacted legislation. The separation of powers aspect concerns me far more than making playgrounds gun-free zones, although I certainly facially disagree with the policy.

It's even worse than that but the rot is well hidden from view.

The decision basically violates Heller where the Supremes discussed how judges in the future don't get the opportunity to insert their views for the views of the framers or whether the Rights is really really worth insisting upon.

By carving out a new sensitive place, not only did this judge overstep his judicial authority and usurp the powers of the legislature, but he did it because he felt he could insert his views into the issues and decide that the 2A really really really isn't equal to the other enumerated Rights.

The rot is deep and well hidden.

[AlmostHeaven]

It's even worse than that but the rot is well hidden from view.

The decision basically violates Heller where the Supremes discussed how judges in the future don't get the opportunity to insert their views for the views of the framers or whether the Rights is really really worth insisting upon.

By carving out a new sensitive place, not only did this judge overstep his judicial authority and usurp the powers of the legislature, but he did it because he felt he could insert his views into the issues and decide that the 2A really really really isn't equal to the other enumerated Rights.

The rot is deep and well hidden.

I agree. New Mexico exists within the Tenth Circuit, a marginally more favorable court for Second Amendment litigation than the Ninth. The gun rights organizations should appeal.

[40calfunk]

I wonder "who" in NM is paying for the Tyrant's attorney's fees since Raul Torrez, the NM Attorney General, is still not defending any of these lawsuits.

[AlmostHeaven]

I wonder "who" in NM is paying for the Tyrant's attorney's fees since Raul Torrez, the NM Attorney General, is still not defending any of these lawsuits.

Perhaps the gubernatorial office in New Mexico has its own source of legal defense funds.

[TrappedinCalifornia]

Latest federal court order favors right to carry guns in some New Mexico public parks

...The Monday order from Albuquerque-based Judge Kea 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...

[Rickybillegas]

Latest federal court order favors right to carry guns in some New Mexico public parks

Thanks Trapped!

More good news. A trump appointee.
her sensitive place laws by fiat are in crumbles.

[BAJ475]

The decision is short on rationale. "Playgrounds are like schools because that's where children are."

Umm, what?

Under that nonsense, every home in the city is a sensitive place because that's where children are. I mean, WTF?

On top of that, isn't it the sole prerogative of the legislature to define what a sensitive place is? How the heck did this judge think he was going to get away with him deciding what is and isn't a sensitive place?

I guess it depends on how you define "children." All of us are the children of our parents. So, under such a definition children would include everyone, and as you point out, everywhere would be a sensitive place. IMHO calling it nonsense is being kind. To me, it is treason!