Second Amendment Foundation Files Reply Brief in N.M. Carry Ban Case

AP Photo/Rebecca Blackwell

Few things pop up that are this egregious and beyond comprehension. Consider N.Y. and N.J.’s individual responses to NYSRPA v. Bruen. They all but completely abolished the practical aspects of the bare portion of the Second Amendment. Whether being pushed by the anti-civil rights governors, the progressive cabal in D.C., or if it was their own volition, the legislators came up with draconian Bruen response bills. The bills got passed and enacted. Then there’s dictators like New Mexico Governor Lujan Grisham who decided to completely skip the process and by decree ban the carrying of firearms in Albuquerque. The Second Amendment Foundation has been part of a combined complaint and they recently filed a reply brief in the case.


The Second Amendment Foundation and its allies in a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham’s prohibition of lawful carrying of arms in Albuquerque and surrounding Bernalillo County have filed an appellants reply brief with the 10th U.S. Circuit Court of Appeals.

The case is known as Fort v. Grisham, and is part of a consolidation of cases all challenging the governor’s arbitrary carry ban announced last year. SAF is joined by the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, for whom the case is named. They are represented by attorneys Jordon P. George at Aragon Moss George Jenkins in Albuquerque, and David H. Thompson, Peter A. Patterson and Kate Hardiman at Cooper & Kirk in Washington, D.C.

The case is on appeal from U.S. District Court for the District of New Mexico, where Judge David Herrera Urias issued a temporary restraining order against the governor’s edict. The governor is now appealing.

What’s so shocking about this case to me is that Grisham did not get the support from the law enforcement in New Mexico, nor did she get massive hat tips/high accolades from her fellow anti-rights compatriots, yet she’s continued on this unconstitutional crusade. One would think after the first round of getting slapped around by the courts, she would have laid low. But no, she’s dug in and doubled down.


“Gov. Grisham cannot escape the fact that her unilateral restrictions on public carry are in direct violation of the Second Amendment,” said SAF founder and Executive Vice President Alan M. Gottlieb. “She offers no analogous laws, no proof of regulations consistent with the nation’s historical tradition, to support her actions. As the Heller and Bruen rulings clarified, the government simply cannot use gun-related violence to restrict, much less suspend, Second Amendment rights.”

At least Governors like Murphy, Hochul, Newsom, and Green made it seem like there is a process and it matters. Not Grisham.

“The governor’s order of last September, declaring a state of emergency and suspending the right to bear arms was and remains a flagrant violation of the Second Amendment,” stated SAF Executive Director Adam Kraut. “No governor has the constitutional authority to nullify, even temporarily, rights secured under the federal constitution and Bill of Rights. We’re determined to pursue this case as far as necessary, and we are confident we will prevail.”

Thankfully there are organizations out there like the Second Amendment Foundation and their partners in this litigation. These groups combat tyrants like those we’re seeing in the Bruen hold-out states and newcomers alike. It’s going to be a hard burden for Grisham to meet. Not only is she going to have to come up with analogies for such carry bans, she’s going to have to come up with ones that also include the provisions getting delivered via monarchal decree. I’m pretty sure the founders had issues with dictators and monarchs, just a hunch.


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