Gov. Grisham and the State Department of Health Continue to Order State Inspections of Federal Firearms Licensees
Please Immediately Inform NSSF if State Inspectors Contact You

As NSSF^® previously reported, New Mexico Governor Michelle Lujan Grisham issued Executive Order 2023-130, declaring that gun violence “constitutes a statewide public health emergency of unknown duration.” The Executive Order went on to designate this violence as “a man-made disaster causing or threatening widespread physical or economic harm that is beyond local control and requiring the resources of the State pursuant to the All Hazard Emergency Management Act.”

Immediately after the Governor’s declaration, New Mexico Department of Health Secretary Patrick Allen issued a Public Health Order “imposing temporary firearm restrictions.” The provision of the Order most directly affecting members of the firearm industry requires the New Mexico Regulation and Licensing Department to “conduct monthly inspections of licensed firearms dealers in the State to ensure compliance with all sales and storage laws.” There were also provisions violating the citizens’ right to carry firearms for self-protection outside of the home as guaranteed by the U.S. and New Mexico State constitutions. These carry prohibitions applied to Albuquerque and the rest of Bernalillo County.

On September 13, a federal district court judge issued a temporary restraining order blocking the implementation of the firearm carry prohibitions until a hearing can be held on October 3. In response, Department of Health Secretary Allen issued a new order significantly modifying the sections pertaining to firearm carry. However, the section ordering the monthly inspections of federal firearms licensees (FFLs) was left unchanged.

It is in NSSF’s opinion that there is no legal authority under New Mexico law for the Regulation and Licensing Department, or any other state agency, to inspect New Mexico dealers as to their lawful sales or business practices, or inventory storage or store security measures. Furthermore, any such inspections would be devoid of standards since state law does not address FFL operations in any manner.

NSSF has issued a warning to the governor: should the state attempt to inspect any FFL pursuant to her administration’s order, NSSF will immediately file a legal challenge to stop the unlawful inspection.

If you are approached by state inspectors, please contact NSSF by calling Darren LaSorte at 469-445-0808 or emailing him at dlasorte@nssf.org.