Governor alters public health order, ending gun ban in Albuquerque area

Sep. 15—ALBUQUERQUE — A week after declaring a public health emergency due to a rise in deadly gun violence in New Mexico, Gov. Michelle Lujan Grisham altered the order, removing a temporary gun ban in the Albuquerque area.

The prohibition on openly carrying firearms or bringing concealed weapons to public places in Albuquerque and Bernalillo County will remain in place at parks and playgrounds where families and children gather, Lujan Grisham said at a news conference Friday in the Bernalillo County Commission chambers.

Violent crime remains a "serious situation" that requires immediate attention, she said.

She acknowledged New Mexico law allows residents to legally carry firearms but noted police cannot always tell the "good guys from the bad guys."

Her amended public health order directs state agencies to assist the Bernalillo County Metropolitan Detention Center "to ensure adequate staffing, space, and screening for arrested and incarcerated individuals" and requires managed care organizations to make sure New Mexico patients who need treatment for drug or alcohol addiction receive services within 24 hours of the request.

The governor's announcement of the changes came two days after a federal judge blocked her executive order prohibiting guns in response to numerous federal lawsuits filed over the measure this week.

U.S. District Judge David Herrera Urias said he will make a final determination about the order at a court hearing in October.

Lujan Grisham acknowledged the judge's action played a role in her decision to amend the public health order.

She defended the temporary gun ban as "warranted" in times of emergency but said her administration will follow the court order.

Lujan Grisham said she has no intention of calling a special legislative session this year to address concerns about rising crime rates.

Flanked by several Democratic lawmakers and law enforcement leaders including Public Safety Cabinet Secretary Jason Bowie, the governor said she will begin working on policies to curb violent crime and drug use in advance of the 30-day legislative session that starts in January.

The governor also said she will direct law enforcement agencies to better coordinate their efforts to curb "open, illicit substance abuse, drug use," saying it plays a role in crime numbers.

State House Speaker Javier Martinez, D-Albuquerque, said a special session would not be useful with just a few months to go before the start of the regular session.

Martinez, who has two children ages 8 and 10, said the threat of violence concerns him as a father. One of his son's baseball games was canceled because of gunfire "across the street," he added.

Lujan Grisham has said she will push for several gun safety measures during the 2024 session, including a prohibition on automatic weapons, a 14-day waiting period for gun sales and a ban on selling guns to those under 21.

No Republican lawmakers attended the news conference. Party leaders joined with the National Rifle Association to file a complaint in the state Supreme Court asking justices to "strike down" the governor's executive order.

The lawsuit will go forward, despite changes to the public health order, state Sen. Greg Baca, R-Belen, said in an interview Friday. It is unlikely the governor's amendments will stop any of the other lawsuits already filed, he added.

Republican lawmakers were not invited to the news conference, which sends a "loud and clear statement ... that there is only one side of the table invited to this party," Baca said.

He wrote in a text message Lujan Grisham had used the news conference to "deflect responsibility for their inability to get Albuquerque's crime crisis under control."

Democratic lawmakers have "repeatedly rejected Republican proposals to fix pretrial detention, harden penalties for repeat offenders and sentence juveniles who are convicted of heinous crimes as adults," he added.

Republican lawmakers have complained for years their crimefighting proposals have failed to gain traction in the Legislature, where Democrats hold large majorities in both chambers.

Lujan Grisham said she can work with — or clash with — both Democrats and Republicans, but she took issue with Republicans who, she said, "offer no solution to addressing public safety in our state."

When she talks about ways to deal with gun violence, Lujan Grisham said, she experiences an "uptick" in threatening talk against her.

"There are folks incarcerated today for making incredible threats to my life and safety," she said, though she did not provide more details.

Her press secretary, Caroline Sweeney, did not respond to messages seeking comment on the threats.