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Oct 18, 2024

Expiration of gun ban at Albuquerque parks and playgrounds raises questions

"The city already had an ordinance in place that did what the governor's order did. The expiration of the governor's order has no effect on the ordinance," Day said "The city already had an ordinance

"The city already had an ordinance in place that did what the governor's order did. The expiration of the governor's order has no effect on the ordinance," Day said

"The city already had an ordinance in place that did what the governor's order did. The expiration of the governor's order has no effect on the ordinance," Day said

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"The city already had an ordinance in place that did what the governor's order did. The expiration of the governor's order has no effect on the ordinance," Day said

Video above: Gov. Michelle Lujan Grisham's amended emergency public health order has expired on Saturday, Oct. 12. Lujan Grisham does not plan to renew it. The amended order suspended the right to carry firearms at public parks and playgrounds after a federal judge struck down the governor's initial 30-day ban to carry in Albuquerque.

However, the Keller administration prohibited deadly weapons, including firearms, in Albuquerque parks and recreation facilities in 2020. The city ordinance is still in effect.

KOAT legal expert John Day states the expiration of the governor's order doesn't have an effect on the city's current ordinance.

MORE: Outrage intensifies over New Mexico governor's public health order

"The city already had an ordinance in place that did what the governor's order did. So, the expiration of the governor's order really has no effect on the city ordinance. But, you know, the city and the governor, those are two different sovereigns as we say, and they certainly can address these issues the way they see fit. The city ordinance is still in place. So, it's basically status quo," Day told KOAT.

The Governor's Office states the public health order also led to the establishment of memorandums of understanding between the state of New Mexico and the Bernalillo County Sheriff’s Office, Albuquerque Police Department, as well as the 2nd Judicial District to share public safety data and ensure transparency and accountability.

"It drew attention, positive and negative, but if you're the governor, you can say, 'I set out to accomplish what I wanted, which was to get people's attention on gun violence,' and whether you support it or not, you have to admit it did raise the issue, and it drew people's attention to it," Day said.

Related: Governor looks to address gun violence prevention at 2024 legislation session

According to Lujan Grisham, the public health order also enhanced drug monitoring and other public safety measures in response to gun violence and substance misuse. The governor imposed the order based on a statistical threshold for violent crime encountered in Albuquerque and its outskirts.

Related: Fourth arrest made in deadly shooting outside of Isotopes Park

Lujan Grisham also cited recent fatal shootings of children in New Mexico, including 11-year-old Froylan Villegas. Villegas was shot and killed near Isotopes Park after a baseball game in Albuquerque on Sept. 6, 2023.

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