On September 7, 2023, New Mexico Governor Michelle Lujan Grisham issued Executive Order 2023-130 declaring a state of emergency exists in New Mexico related to “gun violence”. Based upon the declaration of an emergency, Secretary of the New Mexico Department of Health, Patrick Allen, issued a “Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring, and Other Public Safety Measures” on September 8, 2023.
The Orders make it illegal, until at least October 6, 2023, for “ordinary, law-abiding citizens” of New Mexico to carry firearms in public for self-defense in Albuquerque or Bernalillo County. Put another way, the Orders banned carry in two of New Mexico’s counties in direct defiance of the clear command of the Second Amendment and the Supreme Court’s edicts.
On September 11, 2023, the Second Amendment Foundation, joined by one individual, and two civil rights organizations, filed suit against New Mexico’s Governor, Cabinet Secretaries of the New Mexico Department of Health and Department of Public Safety, and the Chief of the New Mexico State Police. The lawsuit seeks a temporary restraining order along with a preliminary and permanent injunction, along with a declaration that the Defendants violated the Second and Fourteenth Amendments and injunctive relief to prevent the Department from continuing to deprive individuals of the ability to exercise their constitutional rights.
To view documents filed on appeal, please visit the Court of Appeals docket.
Case Team: Jordon George
Recent Docket Activity
November 26th, 2025
NOTICE of Voluntary Dismissal of Case by Firearms Policy Coalition, Inc, Zachary Fort, New Mexico Shooting Sports Association, Second Amendment Foundation
April 3rd, 2024
Order on Motion for Preliminary Injunction AND Order on Motion for TRO
April 3rd, 2024
ORDER by District Judge David H. Urias denying 24 Motion for TRO; denying 24 Motion for Preliminary Injunction both as moot per Doc. 27 in 1:23-cv-00773-DHU-LF. [THIS IS A TEXT-ONLY ORDER. NO DOCUMENTS ATTACHED.]
October 10th, 2023
ORDER CONSOLIDATING CASES by District Judge David H. Urias. Cases: 23-CV-771, 23-CV-772, 23-CV-773, 23-CV-774, 23-CV-778, and 23-CV-839. All pleadings shall be filed under the lead case number 23-CV-773.
October 6th, 2023
Supplemental MOTION for Temporary Restraining Order, Supplemental MOTION for Preliminary Injunction by Firearms Policy Coalition, Inc, Zachary Fort, New Mexico Shooting Sports Association, Second Amendment Foundation.
October 5th, 2023
NOTICE OF HEARING WITH VIDEO STREAMING: Status Conference set for 10/18/2023 at 11:00 AM in Remote via Zoom before Magistrate Judge Laura Fashing. NOTE:1. This proceeding will be held via Zoom Video/Web Conferencing with all participants appearing remotely; The Zoom ID and Passcode will be docketed separately and available to the parties but not the public. 2. Participants should connect to the proceeding 15 minutes prior its scheduled start time to allow time for trouble-shooting of any connectivity issues.3. To ensure the record is of the best quality participants are encouraged to utilize a headset to reduce static and background noise; if not using a headset participants must ensure the audio feed at their location is muted when not speaking.*** REMINDER: Recording or broadcasting of this hearing is prohibited. ***This hearing will be available for remote viewing by video stream.Please visit the Court's website at www.nmd.uscourts.gov for information and instructions to connect.
October 4th, 2023
ORDER by District Judge David H. Urias: DENYING Plaintiffs Motion for Preliminary Injunction as to Defendants Public Health Order dated September 8, 2023 on mootness grounds; Extending Temporary Restraining Order as to firearms restrictions in public parks until October 11, 2023; The Court takes Plaintiffs request for a preliminary injunction as to the Amended Public Health Order issued September 15, 2023, under advisement. THIS IS A TEXT-ONLY ENTRY. THERE ARE NO DOCUMENTS ATTACHED.
