The Second Amendment Foundation has won a preliminary injunction against a part of the State of New Mexico’s concealed carry statute on the grounds that it violates the right of equal protection under the law.
The ruling, handed down by the U.S. District Court for the District of New Mexico, was signed by M. Christina Armijo, the chief district judge.
SAF filed the legal action on behalf of John Jackson, a permanent legal resident alien who could not obtain a concealed carry permit under existing New Mexico statute because he is not a U.S. citizen. SAF has challenged similar bans in other jurisdictions.
“We’re delighted with the outcome of this challenge,” said SAF Executive Vice President Alan Gottlieb. “The right of self-protection should not be denied to people who are active and productive members of the community simply because they do not meet the citizenship requirement of a state statute.”
In reaching its ruling, the court applied a heightened standard of scrutiny and concluded that the citizenship provision of New Mexico’s law is severable from the remainder of the state Concealed Handgun Carry Act.
“While the law allowed Mr. Jackson to openly carry a firearm,” Gottlieb noted, “there are certain areas and circumstances when doing so would be imprudent or potentially in violation of other legal restrictions. This ruling will make it possible for Mr. Jackson and other legal resident aliens to exercise their right to bear arms.”
