fpc firearms policy coalition bump stock ban suit
courtesy firearmspolicy.org
Previous Post
Next Post

Firearms Policy Coalition (FPC) announced today that it has filed a new Second Amendment lawsuit challenging New Mexico Governor Michelle Lujan Grisham’s executive order banning firearm carry in Bernalillo County and Albuquerque. The complaint and motion for a temporary restraining order in Fort v. Grisham can be viewed at FPCLaw.org.

“This restriction is in flagrant violation of Plaintiffs’ right to carry firearms in public for self-defense, a right that has been clearly established by the United States Supreme Court,” argues the complaint. “Indeed, the Orders perversely target the right to carry in the places where self-defense is most necessary.”

“Gov. Grisham’s order is blatantly unconstitutional, and we will not stand by while she violates the rights of peaceable New Mexicans,” said Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President of Legal, and counsel for FPC. “This is not the first time Gov. Grisham has abused her emergency powers to violate the rights of peaceable people. Just as we did during the pandemic, we look forward to ending yet another of the governor’s tyrannical orders.”

FPC is joined in the litigation by the Second Amendment Foundation and New Mexico Shooting Sports Association.

Individuals who would like to join the FPC Grassroots Army and support important pro-rights lawsuits and programs like these can sign up at JoinFPC.org. Individuals and organizations wanting to support charitable efforts in support of the restoration of Second Amendment and other natural rights can also make a tax-deductible donation to the FPC Action Foundation. For more on FPC’s lawsuits and other pro-Second Amendment initiatives, visit FPCLegal.org and follow FPC on InstagramTwitterFacebookYouTube.

Previous Post
Next Post


  1. Here is what I believe will happen to all these suits. The governor will file delaying motions then withdraw her EO on day 29, mooting them. She can then rinse and repeat as many times as she wants to. Democrat/communists NEVER give up or in.

    • Unlikely. A court will look at such conduct as a basis for issuing a restraining order, basically concluding that the governor was engaging in vexatious litigation tactics.

  2. She’s brain dead. Bad guys won’t comply with this order because they’re bad guys, and good guys won’t comply with this order because the bad guys won’t.

    • Not.
      Good guys don’t want to lose what they’ve worked for.
      Bad guys got nothing to lose.
      Unless you’ve really got your ducks in a row ten years incarcerated can cost a person more then just time served.

    • Hearing that was set for Tuesday at 11AM was cancelled Monday night. (It was reset yesterday afternoon for today at 1PM, and is for all six filed cases.)

      As I’ve hypothesized elsewhere, I suspect the cancellation of the Tuesday hearing was because the NM AG’s office advised to the Court that it had not decided whether it would represent the defendants, and the Court pushed the hearing a day to let that play out. Once the AG’s decision was announced, TRO hearing was promptly set.

      My betting line is that Grisham withdraws the EO either right before the hearing or once it becomes clear that Judge Urias isn’t going to roll over for her.

      WRT whether doing so moots the lawsuits, it may moot the need for a TRO, but I’m certain the plaintiffs will continue the litigation to get a finding / permanent injunction that her doing this is unconstitutional and to prevent her from doing it again. Additionally, one of the cases is suing for monetary damages for her violations of rights under the NM constitution, using the recent New Mexico Civil Rights Act, and seeking to certify a class action. Because she has violated the constitutional rights of thousands of NM residents for the past week, she’s not getting out of that lawsuit — heck, her office’s liability that case would appear to be summary judgment material, especially given the AG’s position.

      Get your popcorn ready.

  3. The problem is that there is no penalty for willfully violating the civil rights of citizens under color of law. Governor Grisham does not risk her liberty when issuing a clearly unconstitutional order.

    The left loves to use the phrase “no one is above the law” – except it seems that most democrats are.

    • Well . . . under the New Mexico Civil Rights Act, people CAN sue for damages for this kind of behavior, but unfortunately you can only sue the state, not sue the individuals personally. That liability (NMCRA abrogated both qualified immunity and sovereign immunity for state actors who violate state constitutional rights) was the stated reason why local officials (and probably the AG) have refused to go along.

    • She should be, but . . .
      (1) NM legislature is a “part time” legislature. They are in recess and won’t be back in session before her term ends (and she’s term limited).
      (2) Unless the Gov calls a special session for her impeachment (which obviously won’t happen), 3/5th of both houses must call for a special session. With the Dems having over 60% of the seats in each chamber, no way they will do so.
      (3) Even if they called a special session *and* got the requisite votes in the House to impeach, no way over half the NM Senate democrats vote to remove a member of one of the families that have dominated NM politics (which is notoriously dirty and corrupt) for generations.

Comments are closed.