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A federal judge in sa国际传媒官网网页入口 on Tuesday extended a temporary restraining order that effectively blocks a new state ban on the carrying firearms at public parks, playgrounds and other areas provided for children to play in.

U.S. District Judge David Urias said, after reviewing written arguments from both sides, he will decide Oct. 11 whether the latest temporary public health order from Gov. Michelle Lujan Grisham鈥檚 administration can be enforced in Bernalillo County.

About a half dozen groups representing gun owners contend the latest mandate is unconstitutional and vague and have asked the judge for a preliminary injunction to block it. They succeeded in convincing Urias to block a broader firearm restriction order imposed by Lujan Grisham and state Department of Health Cabinet Secretary Patrick Allen on Sept. 8.

An attorney representing the state of New Mexico contended at a hearing Tuesday that the amended version of an emergency public health order is narrow enough that it passes constitutional muster. She said the aim is to keep children safe from the increasing gun violence across the state鈥檚 biggest metropolitan area.

Holly Agajanian, chief general counsel for Lujan Grisham, told Urias in court that children need places where they don鈥檛 have to be afraid of people carrying guns, 鈥渨here they don鈥檛 have to worry about whether the person with a gun is a bad guy.鈥�

The amended order affecting playgrounds, parks and other areas expires Friday, but Agajanian told the judge at a hearing Tuesday that there will be at least one extension of the order.

Cameron Atkinson, a Connecticut attorney representing We The Patriots USA, Inc., cited the example of his client, longtime sa国际传媒官网网页入口 resident Dennis Smith, who regularly carries a loaded handgun in a holster on his body for self-defense when he goes to Los Poblanos Open Space.

Smith carries the weapon to protect himself from wild coyotes, stray dogs, and potential human attackers, Atkinson contends, and doesn鈥檛 want to stop. But the $5,000 penalty for violating the public health order would exceed his financial means.

鈥淭he amended public health order suffers from the same defect as the original public health order: the Defendants have made absolutely no effort to justify it under any of the exceptions to the Second Amendment鈥檚 guarantee of a right to public carry that the United States Supreme Court recognized,鈥� Atkinson maintained.

鈥淚nstead, the Defendants continue to restrict the Plaintiffs鈥� Second Amendment rights to carry firearms in the places where the Plaintiffs need firearms the most to protect themselves and their families,鈥� Atkinson said in a motion to the court.

Agajanian told the judge the state of New Mexico has 鈥減artners in the fight against violence鈥� who make political decisions at the expense of people鈥檚 lives.

At the same time, she said, young children are learning 鈥渁ctive shooter drills鈥� in schools. And, Agajanian added, what are children to think when someone shows up at their neighborhood park carrying an AR-15?

In September, sa国际传媒官网网页入口 Police Department Chief Harold Medina and Bernalillo County Sheriff John Allen publicly refused to enforce the governor鈥檚 earlier order that temporarily suspended the right to carry guns in public in Bernalillo County, with some exceptions.

The governor enacted the temporary restrictions after the recent homicides of three children in sa国际传媒官网网页入口, including an 11-year-old boy killed while he and his family drove away from an sa国际传媒官网网页入口 Isotopes baseball game.

During Tuesday鈥檚 hearing, Urias lamented, 鈥淣obody knows more about rising gun violence (in sa国际传媒官网网页入口) than the judges sitting here in this courthouse,鈥� referencing federal prosecutions involving firearms. But he said he must abide by the U.S. Supreme Court decisions.

鈥淢y hands are tied. I can鈥檛 go back and say it鈥檚 such a terrible situation that I will allow the governor to go forward.鈥�

Gun owner groups point out that the Supreme Court in 2022 found the government must justify its firearms regulation by demonstrating that it is consistent with the nation鈥檚 historical traditions. That rationale could permit states to prohibit the possession and carrying of firearms in 鈥渟ensitive places,鈥� like election polling places, the gun rights groups say. But they maintain that public parks, playgrounds and other areas provided for children to play don鈥檛 qualify.