Last Friday New Mexico's governor, Lujan Grisham, issued a public health emergency order banning concealed and open gun carry in Albuquerque and surrounding Bernalillo county. The order applies for only 30 days, but can (and according to the Governor probably will) be renewed.
New Mexico's Governor Suspends the Right To Bear Arms, Saying the Second Amendment Is Not 'Absolute' | Reason | Jacob Sullum:
September 10, 2023 - "New Mexico Gov. Michelle Lujan Grisham on Friday issued a 'public health emergency order' that purportedly suspends the right to bear arms in Albuquerque and surrounding Bernalillo County. The order, which lasts for 30 days but can be renewed, applies to concealed or open carry of firearms on public property, with exceptions for police officers and security guards. Grisham said "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 [use] some other mechanism that renders the gun incapable of being fired.'
"The order covers 'cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021,' a criterion currently met only by Bernalillo County. Grisham, a Democrat, says the carry ban is a necessary response to 'recent 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, as well as two mass shootings this year.' At a press conference on Friday, she conceded that the order was apt to be challenged in court as a violation of the Second Amendment....
"Yesterday the National Association for Gun Rights, together with a member who lives in Albuquerque, sued Grisham in federal court, arguing that her order flies in the face of the U.S. Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Bruen. That decision overturned New York's sweeping limits on public possession of firearms and established a constitutional test for gun restrictions, which the Court said must be 'consistent with this Nation's historical tradition of firearm regulation.' Gun Owners of America, along with another Bernalillo County resident, filed a similar federal lawsuit against Grisham on Saturday. Both groups argue that Grisham's order plainly fails the Bruen test....
"The New Mexico Shooting Sports Association, a chapter of the National Rifle Association, said it planned to join the two other groups in challenging Grisham's order. Grisham said state police would be charged with enforcing the order, which prescribes a fine of up to $5,000 per violation. The Associated Press reports that Albuquerque Police Chief Harold Medina 'said he won't enforce it, and Bernalillo County Sheriff John Allen said he's uneasy about it because it raises too many questions about constitutional rights.' In a statement issued on Friday, Allen said 'the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold.'
"Grisham seems unfazed by those concerns. 'The purpose is to try to create a cooling off period while we figure out how we can better address public safety and gun violence,' she said at Friday's press conference. 'There are gonna be a lot of questions about whether or not we think we have the legal rights to do that. I am sure … there will be a legal challenge, and I can't tell you that we [will] win it, given all of the different challenges to gun violence laws and restrictions on individual firearm access and control…. I think it's time to talk about the absoluteness of the discussion and the current court actions that suggest that the Second Amendment is an absolute right'....
"'I have emergency powers,' Grisham told The New York Times. 'Gun violence is an epidemic. Therefore, it's an emergency.' During the press conference, she also indicated that she probably would extend the order, which she said would be lifted only if 'the epidemic' of gun violence ended after 30 days, adding, 'I bet it's not over in 30 days'....
"State Reps. Stefani Lord (R–Sandia Park) and John Block (R–Alamogordo) on Saturday said Grisham's order was grounds for impeachment. 'This emergency order violates the Governor's oath to protect and defend the rights of New Mexicans,' they said in a press release. '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.' Lord called the order 'an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populace'....
"When a reporter asked if Grisham 'really think[s] that criminals are gonna hear this message and not carry a gun in Albuquerque on the streets for 30 days,' Grisham said, 'No.' So 'even Grisham,' Lord says, 'believes this emergency order won't [stop] criminals from carrying or using weapons,' which suggests the order 'will only put New Mexicans in danger as they won't be able to defend themselves against violent crime.'"
Guns BANNED in New Mexico County Following Emergency Declaration, BLATANTLY UNCONSTITUTIONAL?! | Rising | The Hill | September 11, 2023:
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