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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
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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:
--- Quote ---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. ...
--- End quote ---
She knows it's unconstitutional ... and she doesn't care. :MiniGun:
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/
--- Quote ---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).
--- Quote ---...
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….
--- End quote ---
--- End quote ---
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.
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