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Representing the City of Albuquerque Against a Challenge to City Guidance Enforcing New Mexico Laws Prohibiting Firearms Where School and University Activities Occur

New Mexico Patriots Advocacy Coalition, et al. v. Keller


Albuquerque, NM In an administrative instruction issued August 2019, the City of Albuquerque notified the public it would strictly enforce state laws that prohibit firearms in the City’s Community, Health, Multigenerational Centers, and Senior Centers. New Mexico law prohibits firearms in places like the centers, where school and university-related activities take place. Soon after the announcement, a legal challenge was brought against the City’s Mayor by a local gun rights group, alleging that the City’s enforcement violated the state and federal constitutions. Everytown Law agreed to represent the Mayor in partnership with the City Attorney’s office. On January 7, 2020, after oral argument by Everytown Law counsel, a judge dismissed the case, agreeing with Everytown Law that the plaintiffs failed to establish standing to bring suit.

The local gun rights group then filed a second complaint on February 10, 2020. The second complaint suffered from the same factual and legal flaws as the first complaint. On May 4, 2020, Everytown Law, in partnership with the City, completed briefing on a second motion to dismiss

The City of Albuquerque thereafter issued another administrative instruction, notifying the public that additional city locations fall within the ambit of state law prohibitions on firearms, including certain parks, pools, and Civic Plaza. The local gun rights group amended their second complaint to challenge this newer administrative instruction.  The amended complaint again suffers from the same factual and legal flaws as the first complaint. Everytown has again moved to dismiss this amended complaint.

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