Judge grants injunction in concealed carry case

Posted at: 04/02/2013 2:40 PM
By: The Associated Press

SANTA FE, N.M. (AP) - A gun-rights group has won a preliminary injunction that will keep New Mexico from enforcing part of its concealed handgun carry law.

The Second Amendment Foundation sought the injunction on behalf of Rio Rancho resident John Jackson, a legal immigrant who was denied a concealed carry permit.

Under New Mexico law, permits are granted only to U.S. citizens.

The ruling handed down late last week by Chief U.S. District Judge Christina Armijo blocks the state from enforcing the citizenship provision when it comes to qualified applicants who are legal residents.

The Second Amendment Foundation argued that the citizenship requirement violated constitution rights to equal protection and to bear arms.

The group says the provision is also pre-empted by federal immigration law. The state Department of Public Safety did not immediately respond to a request seeking comment on the ruling.

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