Governor’s Order Leads to Major Lawsuit

(UnitedVoice.com) – The Second Amendment of the US Constitution is an unalienable right. The Founding Fathers explicitly stated it’s a right that “shall not be infringed.” The governor of New Mexico has decided to ignore the Constitution and ban guns.

Gun Ban

On September 8, Governor Michelle Lujan Grisham (D) announced she signed an executive order that declared gun violence a public health emergency. She noted the deaths of two children — a 13-year-old girl in July and a five-year-old girl in August — and two mass shootings as the reason. The Democratic governor specifically targeted Bernalillo County and Albuquerque as the hot spots.

As a result of the violence, Grisham announced she was banning concealed and open-carry guns in those two places. The governor said she decided that “the time for standard measures has passed.” She claimed New Mexicans have expressed fears of being “in crowds, to tak[ing] their kids to school, to leav[ing] a baseball game,” and she explained she believes “something is very wrong.”

The executive order does a number of things, including:

Banning guns on state property and parks
Suspending concealed and open carry laws in Bernalillo County
Temporarily prohibiting weapons on public property unless the person is a cop or security guard

The ban is expected to last for 30 days, but the governor has the option to extend it. The backlash was immediate and bipartisan.

Critics Speak Out

The day after the governor issued the order, the National Association for Gun Rights and an Albuquerque resident filed a lawsuit against Grisham. The group argued the order violated the Second Amendment. They cited the SCOTUS’ expansion of gun rights under their New York State Rifle & Pistol Association v. Bruen decision in 2022.

Bernalillo County Sheriff John Allen (D) said he would not enforce the temporary ban. In a press conference on September 11, he said the order won’t help to slow gun violence, but it will “punish law-abiding citizens” by denying them “their constitutional right to self-defense.” He said he found it “irritating” that the ban has overshadowed conversations about what the governor and police were “going to do to curb gun violence.”

Bernalillo County Sheriff John Allen says he will *not* enforce Gov. Lujan Grisham’s (D) 30-day ban on carrying guns in public spaces:

“This order will not do anything to curb gun violence other than punish law-abiding citizens from their constitutional right to self defense.” pic.twitter.com/J6pazim4JU

— The Recount (@therecount) September 11, 2023

The sheriff also said he doesn’t want to see his officers attacked by “political violence” because of the ban, “I have enough violence here.” He called the order unconstitutional.

Rep. Ted Lieu (D-CA) issued a statement on X saying he supports gun control but believes the governor’s order is a violation of the Constitution.

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. https://t.co/kOhLMtaOl2

— Ted Lieu (@tedlieu) September 9, 2023