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.

[Elderberry]

Instant impeachment calls as governor unilaterally kills 2nd Amendment

WND By Cristina Laila The Gateway Pundit

'Abhorrent attempt at imposing a radical, progressive agenda on an unwilling populace'

New Mexico state lawmakers immediately sprung into action and called for the impeachment of Democrat Governor Michelle Lujan Grisham after she unilaterally suspended Second Amendment rights in Albuquerque.

Democrat Governor Michelle Lujan Grisham on Friday declared gun violence a public health emergency in response to the shooting deaths of a thirteen-year-old girl on July 28, a five-year-old girl on August 14, and an eleven-year-old boy on September 6.

“The action plan includes a suspension of open and concealed carry laws in Bernalillo County, temporarily prohibiting the carrying of guns on public property with certain exceptions. Exceptions include for licensed security guards and law enforcement officers. Citizens with permits to carry firearms are free to possess their weapons on private property (such as at a gun range or gun store), provided they transport the firearm in a locked box, use a trigger lock, or some other mechanism that renders the gun incapable of being fired,” according to the press release.

The public health order also directs:

•   The Regulation and Licensing Division to conduct monthly inspections of licensed firearm dealers to ensure compliance with all sales and storage laws.

•   The Department of Health, along with the Environment Department, to begin wastewater testing for illegal substances such as fentanyl at schools.

•   The Department of Health to compile and issue a comprehensive report on gunshot victims presenting at hospitals in New Mexico, which shall include (if available): demographic data of gunshot victims, including age, gender, race, and ethnicity; data on gunshot victim’s healthcare outcomes; the brand and caliber of the firearm used; the general circumstances leading to the injury; the impact of gunshot victims on New Mexico’s healthcare system; and any other pertinent information.

•   A prohibition on firearms on state property, including state buildings and schools. This also includes other places of education where children gather, such as parks.

•   The State Police to add officers in Albuquerque with funding for overtime provided.

•   The Children, Youth and Families Department to immediately suspend the Juvenile Detention Alternative Initiative and evaluate juvenile probation protocols.

On Saturday, State Reps. Stefani Lord and John Block called for the impeachment of Governor Grisham.

“This emergency order violates the Governor’s oath to protect and defend the rights of New Mexicans and is illegal in nature. The legislature has a duty to intervene when the government is overstepping its boundaries, and Governor Grisham’s order and comments disqualify her from continuing her tenure as Governor,” the Reps wrote in a press release.

“I’m calling on counsel to begin the impeachment process against Governor Grisham,” Rep. Lord said. “This is an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populace. Rather than addressing crime at its core, Governor Grisham is restricting the rights of law-abiding gun owners.”

More: https://www.wnd.com/2023/09/instant-impeachment-calls-governor-unilaterally-kills-2nd-amendment/

[roamer_1]

Impeachment... Yeah, that won't take long...

[Smokin Joe]

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

Stupid >bleep< just declared open season on every non criminal there, because if they comply, they won't be able to defend themselves.

I bet she still has HER Security forces (armed, of course).

[DB]

She just canceled herself.

No one complied so now what?

[roamer_1]

She just canceled herself.

No one complied so now what?

The beauty of nullification. Needs to happen more.

[Smokin Joe]

The beauty of nullification. Needs to happen more.

[Free Vulcan]

She just canceled herself.

No one complied so now what?

Exactly. What is she going to do now? Call out the Nat'l Guard, declare martial law, point guns, planes, tanks and mortars at everybody, because there's crime in a few areas?

She thought she could cow people with flimsy reasoning. She didn't think it through and doesn't appear to have an endgame.

[Wingnut]

Exactly. What is she going to do now? Call out the Nat'l Guard, declare martial law, point guns, planes, tanks and mortars at everybody, because there's crime in a few areas?

She thought she could cow people with flimsy reasoning. She didn't think it through and doesn't appear to have an endgame.

Maybe Joe will send in fighter jets.  After all he said we don't have a chance against them things.

[PeteS in CA]

Four Lawsuits Filed Challenging New Mexico 2A Emergency Order

https://legalinsurrection.com/2023/09/four-lawsuits-filed-challenging-new-mexico-2a-emergency-order/

The pushback was immediate from people you would expect to push back, you know, law-abiding citizens who didn’t appreciate being summarily stripped of their right to keep and bear arms as protected by the Second Amendment and numerous Supreme Court decisions.
...
But it also came from some unexpected sources, like California Democrat Ted Lieu – YES, THAT TED LIEU. And Davig Hogg – YES, THAT DAVID HOGG.
...
More significantly, over the weekend, at least four lawsuits, two of which seek immediate injunctive relief, have been filed. (The Pacer docket shows four as of this writing, but it’s possible more have been filed and are not yet publicly available.)

National Association For Gun Rights (Complaint, Motion)

We The Patriots (Complaint, Motion)

Randy Donk, Gun Owners of America (Complaint)

Shawn Blas (Class Action Complaint).

[rangerrebew]

New Mexico Citizens Rise Up after Democrat Governor Violates 2nd Amendment: ‘We Will Not Comply!’
Frank BergmanSeptember 11, 2023 - 11:10 am2 Comments


The people of New Mexico have been flooding the streets in protest after the state’s Democrat governor violated their Second Amendment rights with an unconstitutional gun ban.

Patriots gathered in Old Town Albuquerque to protest against the suspension of open and concealed carry laws by Gov. Michelle Lujan Grisham.

As Slay News reported, Lujan Grisham signed an executive order last week to strip the people of Albuquerque of their God-given rights under the U.S. Constitution.

The governor issued an emergency “public health” order on Friday to suspend the open and concealed carry of firearms in the state’s largest city of Albuquerque and Bernalillo County for 30 days.

https://slaynews.com/news/new-mexico-citizens-rise-up-democrat-governor-violates-2nd-amendment-we-will-not-comply/

[PeteS in CA]

Two lawmakers call for impeachment of Governor Lujan Grisham after public health order

https://www.msn.com/en-us/news/other/two-lawmakers-call-for-impeachment-of-governor-lujan-grisham-after-public-health-order/ar-AA1guBGe

NEW MEXICO (KRQE) – After the announcement Friday of the governor’s controversial public health order, it’s drawn major criticism from across the country. Two New Mexico lawmakers have now called for the impeachment of Governor Michelle Lujan Grisham.

The “public health order” was issued at the Roundhouse. State representatives Stefani Lord (R – Sandia Park) and John Block (R – Alamogordo) are now calling for her impeachment, claiming the order is an infringement on New Mexicans’ Second Amendment right.

[mountaineer]

Some New Mexico legislators respond:

[mountaineer]

Bernalillo County sheriff rejects gun violence health order
"It's irritating for me to see how this 30-day ban completely overshadowed the robust conversations we had with the governor on what we are going to do to curb gun violence and for people to stop being victims," BCSO Sheriff John Allen said
KOAT
 Updated: 10:24 PM MDT Sep 11, 2023
Nick Catlin and Faith Egbuonu

BERNALILLO COUNTY, N.M. — Bernalillo County Sheriff John Allen said his office would not enforce the latest public health order to combat gun violence in a press conference on Monday, Sept. 11.

The announcement was in response to Gov. Michelle Lujan Grisham's public health order on firearms in Albuquerque and the county. The order will ban concealed and open carry in those areas for the next 30 days after being enacted last Friday.

Allen described the order as unconstitutional and said he learned about the order just minutes before the announcement last week. The public health order was issued after an 11-year-old boy was killed in Albuquerque. ...

Governor Michelle Lujan Grisham sent KOAT a statement following BCSO's rejection: "I don’t need a lecture on constitutionality from Sheriff Allen: what I need is action. What we need is for leaders to stand up for the victims of violent crime. We need law enforcement, district attorneys, public officials, school leaders and state agencies to use every single tool at their disposal to stop this violence. Period.   ...

[mountaineer]

Fenixammo.com now offering free shipping to NM - until Gov. Grisham resigns.
 

[Free Vulcan]

Governor Michelle Lujan Grisham sent KOAT a statement following BCSO's rejection: "I don’t need a lecture on constitutionality from Sheriff Allen: what I need is action. What we need is for leaders to stand up for the victims of violent crime. We need law enforcement, district attorneys, public officials, school leaders and state agencies to use every single tool at their disposal to stop this violence. Period.

What a bunch of pathetic passive-aggressive nanny scolding. You opened up the can Governor, now you try and make it look like everyone else has dropped the ball.

Sanctimony and self-righteousness aren't going to win the day for you here.

[Bigun]

Many of my wife's relatives are residents of New Mexico and they are currently very unhappy with their governor. So much so that I cannot report on their comments as this is a family site.

[DefiantMassRINO]

Ah, the Revolutionary Mentality - the ends justify the means.  In our Constitutional Federalist Republic, no the ends do not justify the means; the means (elected representation, debate, compromise, voting) are the ends.

I'm sure the NRA will be all over this.  New Mexico taxpayer funds will be wasted defending this virtue signaling in court.

[roamer_1]

This is EXACTLY the wrong direction. The state should be offering discounts on guns and ammo for first time buyers and free gun and rifle training to beef up their citizenry, ESPECIALLY where crime is rampant.

[Kamaji]

'I Have a Fact For You':  NM Sheriff Goes Scorched Earth on Gov's Gun Ban

Julio Rosas
September 12, 2023

Bernalillo County Sheriff John Allen (D) issued a forceful rebuke of New Mexico Governor Michelle Lujan Grisham's (D) public health order, which banned the legal concealed and open carrying of firearm for 30 days, during a press conference on Monday.

"In reference to concealed carry and open carry, the Bernalillo County Sheriff's Office will not enforce this segment of the order...It is unconstitutional. My oath was to protect the Constitution and that is what I will do...This order will not do anything to curb gun violence other than punish law-abiding citizens from their constitutional right to self-defense," Allen said.

"I have a fact for you: Criminals do not follow the law or a public health order — never seen it — we will never see criminals follow the law," he added.

https://twitter.com/Breaking911/status/1701391180750037261

Allen revealed he was given very short notice of Lujan Grisham's order before she hosted her press conference and was extremely frustrated by that act. Allen vowed his department will continue to carry out their plans to tackle gun crime that are already in motion but said citizens should not be concerned if they used their firearm in self-defense because his office is not enforcing the ban.

*  *  *

Source:  https://townhall.com/tipsheet/juliorosas/2023/09/12/unconstitutional-nm-sheriff-puts-governors-gun-ban-on-blast-n2628295

[roamer_1]

Well... He just got re-elected... 

[mountaineer]

Even the Democrat attorney general has given Gov. Grisham the bum's rush.

https://twitter.com/CitizenFreePres/status/1701716746820805085

[PeteS in CA]

Even the Democrat attorney general has given Gov. Grisham the bum's rush.

https://twitter.com/CitizenFreePres/status/1701716746820805085

 

[PeteS in CA]

Emperor Michelle I: A lawyer, a lawyer, my kingdom for a lawyer! UPDATE: Showdown at 1 MT

https://hotair.com/ed-morrissey/2023/09/13/emperor-michelle-i-a-lawyer-a-lawyer-my-kingdom-for-a-lawyer-n577626

Suspending the Constitution is all fun and games until you look around and even your allies won’t return your calls. Such is life at the moment for Emperor Michelle I of New Mexico, formerly known as Governor Michelle Lujan Grisham, who thought she could score some virtue-signaling points on the cheap at the expense of law-abiding gun owners. The Emperor and the state now face a slew of lawsuits seeking federal intervention to enforce the US Constitution and punitive measures against a tinpot dictator who claims her oath to the Constitution is “not absolute.”

Late yesterday, the emperor discovered that she had no legal clothes — or at least no legal cover. Attorney General and fellow Democrat Raúl Torrez informed Lujan Grisham that he will refuse to represent her office and the state in these lawsuits, proclaiming that he takes his oath to the Constitution more seriously:
...
And even worse, Torrez’ declaration will certainly enter the court record via the plaintiffs. That makes finding an attorney to take this case on behalf of the state even more problematic. First off, what attorney wants to go on record as having told a federal judge that fealty to the US Constitution is optional? And second, good luck finding an attorney with any enthusiasm when the state AG has already declared that the plaintiffs are right and refuses to take the case on principle on the basis that Lujan Grisham is violating her oath of office.

[DefiantMassRINO]

The Constitution is an agreement among the People to form a Government.

If the Constitution is not absolute, neither is the Federal Government that it creates.

To violate the Constitution is not a violation against the Government; it is a violation against We, The People.

[Bigun]

The Constitution is an agreement among the People to form a Government.

If the Constitution is not absolute, neither is the Federal Government that it creates.

To violate the Constitution is not a violation against the Government; it is a violation against We, The People.