New Mexico Governor Effectively Suspends 2nd Amendment Under “Emergency” Decree

[Elderberry]

Legal Insurrection by William A. Jacobson Saturday, September 9, 2023

People who warned that Covid lockdowns and restrictions were the gateway drug toward abolishing the 2nd Amendment and other rights deemed ‘right wing’ were dismissed as conspiracy fearmongers. As with so many other things, those ‘right wing conspiracy theories’ have come true.

During the worst of the Covid lockdowns in 2020 pushed by the Trump administration, many states and localities issued emergency orders restricting civil liberties and constitutional rights, often in completely irrational ways. We covered a lot of those cases, particularly the negative treatment given church services compared to other gatherings. And of course, BLM protests were give a complete pass.

A lot of the emergency orders started off short term, then were renewed. ‘Twenty days to stop the spread’ became 20 months. Republican Governors who fought back, like Brian Kemp (GA) and Ron DeSantis (FL- “DeathSantis”), were excoriated by the media and Trump administration, while Governors who capitulated like Kristi Noem in South Dakota, escaped scrutiny. Democrat Governors, particularly in California and New York, were flush with hubris and power.

Courts were hesitant to get involved because the courts traditionally took a permissive attitude towards government efforts to control infectious disease. But it was inevitable that emergency orders unrelated to Covid or the spread of infectious disease would be used to curtail other civil and constitutional rights.

The Democrat Governor of New Mexico Michelle Lujan Grisham just issued an emergency order on gun violence:

Governor Michelle Lujan Grisham
@GovMLG
·
Follow
Today, I signed an executive order declaring gun violence a public health emergency.  To my fellow citizens: get loud. Step up. Demand change: from your neighbors, from your friends, from your communities, from your elected leaders. Enough is enough. More coming from me tomorrow.

The Emergency Order  effectively suspends the 2nd Amendment, and faces pushback even from local law enforcement:

    New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence.

More: https://legalinsurrection.com/2023/09/new-mexico-governor-effectively-suspends-2nd-amendment-under-emergency-decree/

[mountaineer]

New Mexico Governor Suspends People’s Right To Carry Guns In Albuquerque
By  Ryan Saavedra
Sep 9, 2023
Daily Wire

New Mexico Democrat Governor Michelle Lujan Grisham banned people from being able to carry guns in Albuquerque and the surrounding county for at least the next 30 days after a kid was killed during a road rage incident.

Grisham signed an executive order on Thursday declaring that gun violence was a public health emergency in the Democrat-controlled state.

On Friday, Grisham unilaterally suspended open and concealed carry laws in Albuquerque and the surrounding area. She said that she could further lengthen or renew her order — which was immediately slammed by many as being unconstitutional.

Grisham effectively admitted that her order might be unconstitutional when she conceded that she might not win legal challenges filed against the order. ...

She knows it's unconstitutional ... and she doesn't care. 

[Kamaji]

Here we go:  yet another attempt to use the pro-fascist lessons learned from the COVID plandemic to end-run the Second Amendment.

[PeteS in CA]

Challenge to N.M. Governor's Ban on Public Gun Carry in Albuquerque and Surrounding County

https://reason.com/volokh/2023/09/10/challenge-to-n-m-governors-ban-on-public-gun-carry-in-albuquerque-and-surrounding-county/

From the motion for a temporary restraining order in Nat'l Ass'n for Gun Rights v. Grisham, filed yesterday in New Mexico federal court (paragraph numbering removed).

...

Bruen states that the appropriate test for applying the Second Amendment is: "[1] When the Second Amendment's plain text covers an individual's conduct, the Constitution presumptively protects that conduct. [2] The government must then justify its regulation by demonstrating that it is consistent with the Nation's historical tradition of firearm regulation. Only then may a court conclude that the individual's conduct falls outside the Second Amendment's unqualified command." … The Carry Prohibition flatly prohibits Plaintiffs from carrying handguns (or any other firearm) in public for self-defense. Therefore, Plaintiffs' burden under step one of the Bruen analysis is easily met for the same reason it was met in Bruen….

The entire motion, https://storage.courtlistener.com/recap/gov.uscourts.nmd.492592/gov.uscourts.nmd.492592.3.0.pdf .

[Smokin Joe]

You're having a Crime Wave!

So disarm the people who are in the thick of things and make damned sure they are victims!!


Some stupid goes beyond description.

I'd bet the Governor still has her security force.

[mystery-ak]

‘Holy sh*t is hell freezing over?’ Gun control zealots Ted Lieu, David Hogg call out New Mexico governor
September 10, 2023 | Kevin Haggerty

A governor’s overreach panned as “fascist” and “tyrannical,” made for some Second Amendment bedfellows strange enough to warrant a supernatural temperature check.

Under the umbrella of “public health emergency” New Mexico Gov. Michelle Lujan Grisham (D) demonstrated what author C.S. Lewis had meant when he argued in favor of robber barons over subjugation to “omnipotent moral busybodies.” While her unilateral attempt to suspend the right to carry a firearm was expectedly pummeled by Republicans, even gun grabbers like California Rep. Ted Lieu (D) and activist David Hogg were left crying foul.

“I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution,” the congressman posted Saturday. “No state in the union can suspend the federal Constitution. There is no such thing as a public health emergency exception to the U.S. Constitution.”

Likewise, Hogg, whose entire public persona has been built around eroding the Second Amendment, took a pass on Grisham’s ham-fisted move. “I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution.”

more
https://www.bizpacreview.com/2023/09/10/holy-sht-is-hell-freezing-over-gun-control-zealots-ted-lieu-david-hogg-call-out-new-mexico-governor-1394658/

[mystery-ak]

Albuquerque D.A. Will Not Enforce NM Governor’s Concealed Carry Ban

Bernalillo County District Attorney Sam Bregman made clear Saturday he will not be enforcing New Mexico Gov. Michelle Lujan Grisham’s (D) 30-day ban on concealed carry.

https://www.breitbart.com/2nd-amendment/2023/09/10/albuquerque-d-a-will-not-enforce-nm-governors-concealed-carry-ban/

[Kamaji]

Albuquerque D.A. Will Not Enforce NM Governor’s Concealed Carry Ban

Bernalillo County District Attorney Sam Bregman made clear Saturday he will not be enforcing New Mexico Gov. Michelle Lujan Grisham’s (D) 30-day ban on concealed carry.

https://www.breitbart.com/2nd-amendment/2023/09/10/albuquerque-d-a-will-not-enforce-nm-governors-concealed-carry-ban/

[Fishrrman]

Lujan Grisham did not come up with this idea on her own.

She was chosen by The Party to implement this "assault" (on the Second Amendment), after an appropriate incident (the kid getting shot).

It's a trial balloon (again, by The Party). To see if it can be made to fly in New Mexico which was carefully chosen, rather than somewhere like Illinois (Chicago) or New York (NYC).

Also "a part of the trial" is the fact that the "ban" is not for 30 days, specifically, but that it (at least for now) is "open-ended".

Again, I don't believe she dreamed this up on her own.
She was put up to it.
By... The Party.

[Wingnut]

Recall the governor for failure to uphold her oath of office an the constitution

[Bigun]

Ignorance is correctable but stupid is forever!

[DB]

Ignorance is correctable but stupid is forever!

What about evil?

[Free Vulcan]

Lujan Grisham did not come up with this idea on her own.

She was chosen by The Party to implement this "assault" (on the Second Amendment), after an appropriate incident (the kid getting shot).

It's a trial balloon (again, by The Party). To see if it can be made to fly in New Mexico which was carefully chosen, rather than somewhere like Illinois (Chicago) or New York (NYC).

Also "a part of the trial" is the fact that the "ban" is not for 30 days, specifically, but that it (at least for now) is "open-ended".

Again, I don't believe she dreamed this up on her own.
She was put up to it.
By... The Party.

Yep.

[Wingnut]

Man you know it is bad when D. Attention Hogg comes out publicly against your "Emergency Order".

[Sighlass]

Women (and the electorate that put her in office), leading the way to destroy America.

Promps me to make my first Meme...

[mountaineer]

Thomas Massie
@RepThomasMassie
She’s nuts, but she’s taking what the tyrants did during COVID (forced jabs, travel bans, closed businesses, suppressed speech - with no laws passed) to the next level.

Benny Johnson
@bennyjohnson
The Governor of New Mexico has just declared the 1st & 2nd Amendment “does not exist” due to an “emergency.”
Under this legal theory *all* of our “rights” are essentially eliminated.
Watch the most evil & tyrannical 60 seconds you’ve ever heard from a politician:

https://twitter.com/bennyjohnson/status/1700334945992847588

[mountaineer]

Is it possible she's not a wannabe Communist dictator and, instead, is just dumb as a sack of hair?

Ted Lieu
@tedlieu
I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution.

Governor Michelle Lujan Grisham
@GovMLG
Hey Ted, conceal and open carry are state laws that I have jurisdiction over. If you’re really interested in helping curb gun violence, I’d welcome you to join our next police academy class.

[mountaineer]

Gun owners - many visibly armed - rallied in old Town Albuquerque today to openly defy the New Mexico Governor's Executive Order banning the open and concealed carry of firearms there as a one-month "emergency."

Police did not intervene or enforce the order. 

https://twitter.com/FordFischer/status/1700996328799773109

[Wingnut]

Gun owners - many visibly armed - rallied in old Town Albuquerque today to openly defy the New Mexico Governor's Executive Order banning the open and concealed carry of firearms there as a one-month "emergency."

Police did not intervene or enforce the order. 

https://twitter.com/FordFischer/status/1700996328799773109

Yeah baby.   Your move Gov Hitler.  Whatcha gonna do?

[roamer_1]

[libertybele]

Police did not intervene or enforce the order.

[roamer_1]

Police did not intervene or enforce the order.

Well... Not that they COULD... 

[Wingnut]

I expect more of these "demonstrations"   Or, I hope I see more.

[Sighlass]

Gun owners - many visibly armed - rallied in old Town Albuquerque today to openly defy the New Mexico Governor's Executive Order banning the open and concealed carry of firearms there as a one-month "emergency."

Police did not intervene or enforce the order. 

https://twitter.com/FordFischer/status/1700996328799773109

Love it, if the city or state arrest them, they are automatically in a pay out after a year or so of court wrangling.

[GtHawk]

Gun owners - many visibly armed - rallied in old Town Albuquerque today to openly defy the New Mexico Governor's Executive Order banning the open and concealed carry of firearms there as a one-month "emergency."

Police did not intervene or enforce the order. 

https://twitter.com/FordFischer/status/1700996328799773109

I should hope that the police refused to follow an unconstitutional order.

 Before entering upon the duties of his office, each police officer shall take and subscribe to an oath that he will support the constitution and laws of the state of New Mexico, the constitution of the United States, and the ordinances of the municipality, and that he will faithfully perform the duties of the office upon which he is about to enter. (Prior code § 4-1-5)

Of course the Goobernor of New Mexico probably swore in essence the same order, and if the people of New Mexico didn't know they had a wannabe communist overlord before, they do now.