Updated: Sep 11
New Mexico’s Democrat Governor 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 acts by criminals using guns.
According to the Associated Press, Democrat Lujan Grisham said state police would be responsible for enforcing what amount to civil violations. However, 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.
Bernalillo County District Attorney Sam Bregman, who once served as a Democratic party leader and was appointed by Lujan Grisham, on Saturday joined Albuquerque Mayor Tim Keller and Police Chief Harold Medina saying they wouldn’t enforce the order.
The AP reports the firearms suspension, classified as an emergency public health order, applies to open and concealed carry in most public places, from city sidewalks to urban recreational parks. The restriction is tied to a threshold for violent crime rates currently only met by the metropolitan Albuquerque.
So, let's see if we've got this straight - the Democrat Governor, instead of addressing real health emergencies, like the homeless decating in the streets, and illegal aliens arriving unvetted bringing all kinds of diseases into our country (and her state's schools) alleges she has the power to suspend the Constitution because courts are letting gangbangers in training out with a slap on the wrist?
The National Association for Gun Rights and Foster Haines, a member who lives in Albuquerque, have already filed a complaint in U.S. District Court in New Mexico suing Lujan Grisham and seeking an immediate block to the implementation of her order.
Republican state Reps. Stefani Lord and John Block announced on Saturday they are calling for the governor to be impeached.
"I am calling on counsel to begin the impeachment process against Governor Grisham," Lord said. "This is an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populous. Rather than addressing crime at its core, Governor Grisham is restricting the rights of law-abiding gun owners. Even Grisham believes this emergency order won’t prohibit criminals from carrying or using weapons; a basic admission that this will only put New Mexicans in danger as they won’t be able to defend themselves from violent crime."
Speaking with Fox News Digital, Lord said that Grisham is a "rogue governor."
"She put this emergency order together and it violates her oath. And she's supposed to be protecting and defending the rights of New Mexico, she can't just raise her hand one day and say, I promise to uphold this oath and promised to protect the people of New Mexico and the Constitution, and then just one day decide, oh, just kidding," Lord said.
Block told Fox News Digital that there "is no such thing as a state public health emergency exception to the U.S. Constitution."
Social media has been on fire after the order with Elon Musk, owner of X, formerly known as Twitter, posting Grisham's actions were illegal.
"At risk of stating what should be obvious, deliberately violating the Constitution is next-level illegal," Musk said. "How soon can this person be removed from office?"
As constitutional lawyer and scholar Jonathan Turley observed, the list of claimed health emergencies continues to grow, even state Democratic judges may begin to balk at the obvious end run around constitutional rights. However, Democratic leaders have increasingly turned to a claim used successfully during the pandemic in declaring a health emergency to maximize unilateral authority of governors. There have also been calls to declare racism a public health emergency, supported by groups like the American Public Health Association. Transgender programs have also been declared a public health emergency by some groups.
Given the outrageousness of the act, there may be a silver lining. As Prof. Turley observed, we have seen how Democratic strongholds have proven the greatest assets for gun-rights advocates. Major Democratic cities are delivering lasting self-inflicted wounds to gun control efforts with poorly conceived and poorly drafted measures.
And Grisham’s ploy may be too clever by half. Even if an injunction is secured on the basis of a presumptively unconstitutional act, many will of course celebrate the boldness of Grisham in taking away an individual right under a clever measure. However, if a court decides that this is not moot at the end of the period, New Mexico could supply a vehicle to curtail future such claims.
While this heads for court you can join the fight even if you don’t live in New Mexico by going to the Firearms Policy Coalition website, the National Association for Gun Rights website, or the website of our old friends at Gun Owners of America to contribute to their efforts to fight unconstitutional gun laws.
CHQ Editor George Rasley is a certified rifle and pistol instructor, a Glock ® certified pistol armorer and a veteran of over 300 political campaigns, including every Republican presidential campaign from 1976 to 2008. He served as lead advance representative for Governor Sarah Palin in 2008 and has served as a staff member, consultant, or advance representative for some of America's most recognized conservative Republican political figures, including President Ronald Reagan and Jack Kemp. A member of American MENSA, he served in policy and communications positions on the House and Senate staff, and during the George H.W. Bush administration he served on the White House staff of Vice President Dan Quayle.
Democrat Governor Michelle Lujan Grisham
Albuquerque police Chief Harold Medina
Bernalillo County Sheriff John Allen
Bernalillo County District Attorney Sam Bregman
joined Albuquerque Mayor Tim Keller
Police Chief Harold Medina
Firearms Policy Coalition
National Association for Gun Rights
Gun Owners of America
public health emergency