Case Summary
Even in an emergency, constitutionally protected rights must be defended. New Mexico’s governor shut down the state’s firearms retailers as part of her emergency shut down orders designed to stop the spread of COVID 19. But her order illegally deprived citizens of their Second Amendment-protected rights. MSLF filed a lawsuit, on behalf of multiple individuals, firearm retailers, and a litany of Second Amendment advocacy organizations, to vindicate those rights.
Many states and cities racing to contain COVID 19 defied the Second Amendment but corrected course later by exempting gun stores from their shut down orders. However, New Mexico Governor Michelle Lujan Grisham refused to recognize New Mexicans’ rights and kept firearm retailers, manufacturers, and shooting ranges closed.
Gov. Grisham has ended special restrictions on firearms retailers originally implemented during coronavirus shutdowns, after MSLF got into the fight. Second Amendment advocates celebrated this important victory in the battle over gun owners’ rights.
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Case History
The COVID 19 pandemic caused massive societal changes. Prisons had to release inmates early. Police began limiting arrests and responding only to the most essential calls for help. Many citizens recognized they might need to protect themselves and sought to utilize their right to keep and bear arms. Many firearms owners chose to be prepared, just in case.
Record numbers of Americans purchased firearms in 2020. This surge of demand for firearms in demonstrates that Americans deem firearms to be “essential” in a time of national uncertainty.
But in New Mexico, the government infringed on those rights. New Mexico’s governor issued emergency shut down orders for all non-essential businesses by March 24, 2020. The list of essential businesses did not include firearms retailers and manufacturers.
Days later, on March 28, the U.S. Dept. of Homeland Security issued a memorandum classifying both as essential businesses, but the New Mexico order remained unchanged.
Federal law almost completely prohibits the sale of firearms except through authorized sellers at physical locations. Just last year, New Mexico passed a law requiring nearly every firearm sale or transfer to be done by a federally licensed dealer — and now the governor has closed all of those dealers. Closing physical retail locations made it impossible to purchase a firearm and unlawfully impinges on citizens’ constitutionally protected rights.
Mountain States Legal Foundation filed suit against Governor Grisham on April 10, 2020 on behalf of plaintiffs former State Rep. Robert Aragon, Zachary Fort, Anthony Segura, Rose’s Guns & More; Southwest Gunsmith Technologies and its owner Rick Kelly, the New Mexico Shooting Sports Association, Firearms Policy Coalition, Second Amendment Foundation and the National Rifle Association (NRA) in order to force the state to recognize their citizens’ rights. MSLF sought an immediate injunction against the order to stop New Mexico from enforcing its unconstitutional order.
An attorney and lifelong public servant, Robert Aragon served as a representative in the New Mexico statehouse twice and has held county and city offices in New Mexico.
Zachary Fort is president of the New Mexico Shooting Sports Association and a concealed handgun license holder.
“The failure of New Mexico’s leaders to recognize our right to self-defense has not only diminished our rights, it has left New Mexicans vulnerable,” said Mr. Fort. “This legal action seeks to restore our constitutional rights and protect New Mexicans by bringing New Mexico into alignment with guidance from the Dept. of Homeland Security that firearms retailers and shooting ranges are essential businesses.”
Another plaintiff, Anthony Segura, is a licensed firearms instructor in the State of New Mexico and is a certified NRA pistol instructor and range safety officer.
FPC’s Director of Legal Strategy Adam Kraut said, “Unfortunately, we find ourselves having to litigate yet another case where government officials believe that a crisis creates an exception to an enumerated constitutional right. We are happy to join with our friends from various organizations to defend the People of New Mexico’s right to keep and bear arms.”
“Gov. Grisham overstepped her constitutional limits when she attempted to restrict New Mexicans’ right to keep and bear arms,” said Cody Wisniewski, MSLF’s lead attorney on the case.
Ultimately, New Mexico gun control advocate, Gov. Michelle Lujan Grisham, backed down from her gun store shutdown after MSLF filed a federal lawsuit.
MSLF agreed to voluntarily dismiss the case after gun retailers, ranges, and repair facilities were permitted to substantially reopen in the state. “We are prepared to spring back into action should Gov. Grisham attempt to reclose firearm retailers and infringe on the natural rights of New Mexicans again,” Wisniewski said.
