Legal battle continues over governor’s health order that included temporary gun restrictions

SANTA FE, N.M. — The saga over the governor’s controversial public health order continued in federal court Tuesday.

There was no final decision Tuesday, but the judge did make some clarifications.

In the courtroom, there was a lot of back and forth over what arguments are moot and what still needs to be heard. This is because the governor amended the health order two weeks ago, to only restrict open carry in parks, playgrounds, and places designated for children.

Following that change, only two of the original seven plaintiffs filed new motions against the governor’s updated order. On Tuesday, those were the only attorneys the judge allowed to talk in court – and they argued the governor’s newest order is still too broad.

“The simple fact is, as you look at the PHO, it cannot apply to the areas where the governor is suggesting where kids might play, how could that possibly ever be enforced,” said Dudley Brown, plaintiff and president of the National Association for Gun Rights.

The judge extended the temporary restraining order against the portions of the public health order dealing with guns until Oct. 11. The judge will make a decision by then on whether or not to order a preliminary injunction on the governor’s order.

Caroline Sweeney, the governor’s press secretary, shared the following statement:

“We await the court’s ruling on the 11^th of October and will evaluate next steps at that time.”