WE THE PATRIOTS, INC.; Dennis Smith; Zachary Fort; New Mexico Shooting Sports Association; Firearms Policy Coalition, Inc.; Second Amendment Foundation; Randy Donk; Gun Owners of America, Inc.; Gun Owners Foundation, Plaintiffs-Appellants,
v.
Michelle Lujan GRISHAM, in her official capacity only; Patrick M. Allen, in his official capacity only; Jason R. Bowie, in his official capacity only; Troy Weisler, in his official capacity only; Harold Medina, in his official capacity only, Defendants-Appellees.
Brady Center to Prevent Gun Violence; Giffords Law Center to Prevent Gun Violence; The District of Columbia; Illinois; California; Colorado; Connecticut; Delaware; Hawaii; Maine; Maryland; Massachusetts; Michigan; Minnesota; Nevada; New Jersey; New York; Oregon; Pennsylvania; Rhode Island; Vermont; Washington; Wisconsin, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
FILED October 28, 2024.
FILED October 28, 2024.
Attorney(s) appearing for the Case
Peter A. Patterson, Cooper and Kirk, PLLC, Washington, D.C, and Anthony R. Napolitano, Phoenix, Arizona (Cameron L. Atkinson of Atkinson Law, LLC, Harwinton, CT, Jordon P. George of Aragon, Moss, George, Jenkins, LLP, Albuquerque, NM, David H. Thompson and Kate Hardiman of Cooper & Kirk, PLLC, Washington, D.C., Robert J. Olson of William J. Olson, PC, Vienna, VA, and Stephen Stamboulieh of Stamboulieh Law, PLLC, Olive Branch, MS, with them on the briefs), for Plaintiffs-Appellants.
Janet Carter, Everytown Law, New York, NY (William J. Taylor, Jr. and Carina Bentata Gryting of Everytown Law, New York, NY, Freya Jamison of Everytown Law, Washington, D.C.; Holly Agajanian, Chief General Counsel to Gov. Lujan Grisham, Kyle P. Duffy, Deputy General Counsel to Gov. Lujan Grisham, Santa Fe, NM; Cody Rogers of Serpe, Andrews, Las Cruces, NM, with her on the brief), for Defendants-Appellees.
Kelly M. Percival of Giffords Law Center to Prevent Gun Violence, San Francisco, CA, for Amicus Curiae Giffords Law Center to Prevent Gun Violence; and Thomas M. Bondy of Orrick, Herrington & Sutcliffe, L.L.P., Washington, D.C. for Amicus Curiae Brady Center to Prevent Gun Violence, in support of Defendants-Appellees.
Brian L. Schwalb, District of Columbia Attorney General, Caroline S. Van Zile, Solicitor General, Ashwin P. Phatak, Principal Deputy Solicitor General, Russell C. Bogue, Assistant Attorney General, and Marcella Coburn, Assistant Attorney General of the Office of the Attorney General for the District of Columbia, Washington, D.C.; Kwame Raoul, Illinois Attorney General, Jane Elinor Notz, Solicitor General, and Sarah A. Hunger, Deputy Solicitor General of the Office of the Attorney General for the State of Illinois, Chicago, Illinois for the District of Columbia, Illinois, California, Colorado, Connecticut, Delaware, Hawai'i, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin as Amici Curiae in support of Defendants-Appellees.
Before HARTZ, KELLY, and BACHARACH, Circuit Judges.
KELLY, Circuit Judge.
In these consolidated appeals, Plaintiffs-Appellants1 challenge the district court's denial of a preliminary injunction seeking to enjoin the New Mexico Department of Health's ("NM DOH") Second Amended Public Health Order ("PHO") which restricts firearm carry in public parks and playgrounds in the...
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