Joe Biden-appointed U.S. District Judge David Herrera Urias issued a decision Wednesday allowing New Mexico Gov. Michelle Lujan Grisham’s (D) ban on concealed carry in parks and playgrounds to remain in effect.
On September 13, 2023, Breitbart News reported that Urias granted a temporary injunction against Grisham’s September 8, 2023, ban, which prohibited concealed and open carry in larger New Mexico cities like Albuquerque. The ban applied to licensed concealed carriers, too.
On September 15, 2023, two days after the temporary injunction was granted, Grisham amended her ban on concealed and open carry, saying it applied only to carrying a gun in parks and playgrounds.
When Urias issued the temporary restraining order, he made clear it was to stay in place “until such time as the Court has ruled on the Plaintiffs’ motions for preliminary injunction, following a hearing at which all parties shall have the opportunity to present further argument to this Court.”
On Wednesday, Judge Urias issued a decision on the preliminary injunction request, siding with Grisham’s amended ban and suggesting that parks and playgrounds fall into a “sensitive places” categorization and are therefore “excepted from the Second Amendment’s commands.”
The case is GOA v. Grisham, No. 1:23-cv-00772-DHU-LF, in the U.S. District Court for the District of New Mexico.