The controversial public health order issued by New Mexico Governor Michelle Lujan Grisham, which temporarily banned firearms in Albuquerque parks and playgrounds, officially expired on October 12, 2024. While some celebrated the end of this order, others were left wondering about the future of gun control in the state. This order, initially enacted in response to rising gun violence, especially after the tragic death of 11-year-old Froylan Villegas, remains a focal point for debate.
A Temporary Ban with Long-Lasting Impacts
Governor Michelle Lujan Grisham first issued the public health order in September 2023 following Villegas’ death, implementing a 30-day gun ban in Bernalillo County’s public spaces. As reported by Nicole Maxwell from the New Mexico Political Report, this order was not renewed, but parts of it have been kept alive through memorandums of understanding (MOUs) between state and local law enforcement agencies. According to Lujan Grisham, these MOUs ensure that public safety efforts, like data sharing and increased gun-related crime oversight, will continue.
Public Reactions
Despite its expiration, the gun ban stirred reactions from both gun rights advocates and public safety proponents. Many argued that the governor’s decision raised awareness about gun violence, while critics believed the ban infringed upon Second Amendment rights. “The public health order, though temporary, allowed us to implement urgent and necessary measures that have had a measurable, positive effect on public safety,” Lujan Grisham noted in a press release.
Guns in Public Parks and Playgrounds: A Heated Debate
The ban itself was not without controversy. Faith Egbuonu from KOAT reported on the public’s polarized reaction to the ban. While some, like local advocate Louie Sanchez, called the restriction unconstitutional, others, such as activist Saira Rao, saw it as necessary to protect children and families. “Guns do not make us safer. They make us profoundly less safe,” Rao said. This split in public opinion only intensified as the order expired, leaving many to question whether more should be done to regulate firearms in public areas.
Legal Challenges and the Court’s Role
One of the most contentious aspects of the public health order was its immediate legal pushback. In his report from last year, Spencer Schacht of KOB 4 noted that gun rights groups, including the National Association for Gun Rights (NAGR), quickly challenged the order in court, resulting in the removal of the broader gun ban, leaving only parks and playgrounds under the restriction. NAGR’s executive director, Hannah Hill, expressed ongoing frustration with the governor’s actions, stating they would continue their legal battle to fight what they see as an overreach of power.
Governor’s Partial Legal Victory
At the time, the governor celebrated a partial victory when a federal judge upheld the ban specifically in public parks and playgrounds. “Our children deserve to learn and play without fear. Our families need to know that their safety is our priority,” Lujan Grisham said after the ruling. The court case raised significant questions about the extent of executive powers, and while the ban has expired, the legal implications are still being debated.
Albuquerque’s Existing Ordinance: Status Quo or Change?
The expiration of the public health order has not drastically altered gun restrictions in Albuquerque. As John Day, a legal expert from KOAT, pointed out, the city already had an ordinance in place banning firearms in parks and playgrounds, established by Mayor Tim Keller’s administration in 2020. The expiration of the governor’s order, therefore, had little effect on existing city laws. However, Day noted that the state and city, as separate sovereigns, are free to continue addressing the issue of gun violence as they see fit.
Effect of the Public Health Order
This nuance has left many wondering what exactly the temporary order accomplished, beyond drawing attention to gun violence in public spaces. While some argue the order was a necessary wake-up call, others believe it did little more than reiterate existing city policies.
Gun Buybacks and Public Safety Measures
Throughout the year-long period following the initial gun ban, there were several tangible outcomes from the public health order. As the Office of the Governor highlighted in a press release, more than 1,700 firearms were collected through gun buy-back events, and arrests related to gun-related crimes increased by 36% in Albuquerque. Additionally, the state’s Department of Health distributed over 52,000 free gun locks to residents as part of its effort to curb gun-related accidents.
These figures suggest that, while controversial, the public health order had some success in addressing gun violence. Governor Lujan Grisham emphasized that more work is still needed, particularly in securing legislative support for stricter public safety laws and increased penalties for violent offenders.
Broader Public Safety Initiatives: More Than Just Guns
While firearms were the focus of much of the debate, the public health order also addressed other pressing issues, such as drug misuse. The governor’s office reported that the New Mexico Department of Health had distributed over 31,000 doses of naloxone, a drug used to reverse opioid overdoses, which led to more than 3,600 overdose reversals in the past year. These additional public safety measures, implemented alongside the gun ban, reflect a broader attempt to tackle crime and substance misuse simultaneously.
Public Reaction: Split and Intensified
Public reaction to the expiration of the order remains as divided as when it was first enacted. For gun rights advocates like those in NAGR, the order’s expiration is a relief. Yet, many public safety advocates worry that without continued restrictions, parks and playgrounds could become less safe for families.
“It’s hard to feel completely at ease knowing that the issue of gun violence hasn’t been fully addressed,” said one concerned parent. Others argue that the focus should be on targeting criminals, not infringing on law-abiding citizens’ rights to carry firearms for self-defense.
A Lasting Impact on the Gun Debate
While the public health order has expired, the conversation around gun control and public safety in New Mexico is far from over. The gun ban in public parks and playgrounds may have been temporary, but it reignited a debate that will likely shape future policies in the state.
Even though Mayor Keller’s 2020 ordinance still stands, the clash between state and local laws, court rulings, and public opinion demonstrates just how complex gun control laws have become. As KOAT legal expert John Day remarked, the governor’s decision “drew attention, positive and negative,” but ultimately, it’s clear that the battle over firearms in public spaces is ongoing.
Looking Ahead: What’s Next for New Mexico?
Governor Lujan Grisham has made it clear that she intends to continue fighting for public safety measures that address gun violence, with plans to push for new legislation. However, with strong opposition from gun rights groups and ongoing legal challenges, it remains to be seen what the next steps will look like.
As New Mexico continues to grapple with the balance between gun rights and public safety, one thing is certain: the debate is far from over. Whether through new laws, continued enforcement of existing ordinances, or further legal battles, the question of how to best protect the state’s families while respecting constitutional rights will remain a contentious issue for years to come.
The Role of Local Governments
Does the expiration of the gun ban reflect a broader challenge in balancing public safety with constitutional rights? What should be the role of local governments versus state governments when it comes to enacting firearm restrictions?
Raised in a small Arizona town, Kevin grew up surrounded by rugged desert landscapes and a family of hunters. His background in competitive shooting and firearms training has made him an authority on self-defense and gun safety. A certified firearms instructor, Kevin teaches others how to properly handle and maintain their weapons, whether for hunting, home defense, or survival situations. His writing focuses on responsible gun ownership, marksmanship, and the role of firearms in personal preparedness.