Request for a restraining order already in the works.
From the motion for a temporary restraining order in Nat'l Ass'n for Gun Rights v. Grisham, filed yesterday in New…
reason.com
Some interesting language from the challenge that may have relevance here at some point in the future:
Plaintiffs [also] desire to go to private businesses open to the public while lawfully carrying a firearm for lawful purposes, including self-defense, without first obtaining the express affirmative permission of the person who owns the property. The Carry Prohibition prohibits that conduct. Last month, in Wolford v. Lopez (D. Haw. 2023), the court issued a TRO and preliminary injunction enjoining a practically identical Hawaii law. Hawaii argued that there was historical support for its prohibition on carriage on private property without consent. After examining the historical record submitted by the state, the court rejected its argument. It wrote:
The State has not established that the portion of [the statute] that prohibits carrying firearms on private property held open to the public is consistent with this Nation's historical tradition of gun regulation. Because the State has not met its burden, Plaintiffs are likely to succeed on the merits of their challenge to [the statute] to the extent that [the statute] prohibits carrying firearms on private property held open to the public.
The historical record has not changed since last month. Like Hawaii, New Mexico will not be able to show that the Carry Prohibition's prohibition on lawfully carrying firearms into private businesses in Affected Areas open to the public without first obtaining the express affirmative permission of the person who owns the property is consistent with this Nation's historical tradition of gun regulation. There is no such historical tradition. Therefore, the State is unable to carry its burden….
Traditional "The 1st Circuit is a POS" caveat applies.