Temporary Restraining Order in New Mexico 30-Day Gun Ban Case
BY Herschel Smith
1 year, 3 months ago
Because Stephen Stamboulieh is a stud, he got the restraining order on behalf of the GOA against the governor and state police of NM in her gun ban edict.
Here it is (121113193136).
The only thing I’d say is that the case seems simple enough to me that the judge should have vacated the edict altogether and rendered it null and void, and enjoined them from enforcing it – ever.
He did indicate that the plaintiffs were likely to win the case on the merits, but there are unfortunate phrases in the ruling, like this.
Although the State of New Mexico raises important safety concerns, at this stage it fails to demonstrate that the public safety concerns overcome the public’s interest in preventing constitutional violations. At a fuller hearing on Plaintiffs’ request for a preliminary injunction, the State of New Mexico may present more detailed information about how public safety strongly weighs against issuing a preliminary injunction because of the dangers and safety concerns associated with firearms. However, given Bruen’s clarity that “the Second and Fourteenth Amendments protect an individual’s right to carry a handgun for self-defense outside the home,” Bruen, 142 S. Ct. at 2122, the Court concludes that issuing a TRO to prevent the violation of a constitutional right would be in the public interest.
The judge is still, even now after Bruen told him not to do it, trying to play a public interest balancing act. As Stephen told him in his brief, that balancing judgment was made when the second amendment was ratified. It’s unconstitutional to try to do it again.
However, this is a win, and I’ll take a win. We’ll have to leave the rest to Stephen. And God. Because Stephen is doing God’s work.
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On September 14, 2023 at 9:02 am, PGF said:
Peace and safety!…then sudden destruction comes.
I’m pretty sure that what the judge means by “at this stage” is the progress of the communist revolution against the rights of freemen.
On September 18, 2023 at 9:01 pm, Rick said:
They tried to unconstitutionally amend a civil right and all I got was this lousy TRO.
I fervently suggest that any justices who failed to quash now and forever such acts as shown by the NM Governor be with all haste removed from the Supreme Court.
Glaringly obvious is such act was to subvert the U.S. Constitution. Yet there is the soft hand slap of a TRO. What more is needed to show that the Court is not worthy of the trust of The People?