The Fight Against New Mexico’s Unconstitutional Actions

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posted on September 15, 2023
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Mr.TinMD courtesy Flickr

In the wake of New Mexico Gov. Michelle Lujan Grisham’s (D) recent anti-Second Amendment announcement, the NRA is now fighting back in the form of a legal challenge against this unconstitutional overreach.

“Please rescind your unlawful and blatantly unconstitutional orders and uphold your oath to defend the constitutional rights of those in Albuquerque and Bernalillo County. Until then, we’ll see you in court,” NRA-ILA Executive Director Randy Kozuch wrote to Lujan Grisham

The suit, filed Thursday in the New Mexico Supreme Court, names Lujan Grisham, Chief of New Mexico State Police Troy Weisler and New Mexico Department of Health Secretary Patrick Allen in their official capacities and it is titled Ambdor v. Michelle Lujan Grisham. Other parties to the lawsuit include the Republican Party of New Mexico, the Libertarian Party of New Mexico, several members of the legislature and more.  

As America’s 1st Freedom recently reported, Gov. Grisham announced on Sept. 8 that she was suspending the right to carry firearms in public across Albuquerque and the surrounding Bernalillo County for at least 30 days.

Lujan Grisham even admitted that she doesn’t believe suspending firearms carry would stop criminals from carrying guns and recently, U.S. District Court Judge David Urias issued a temporary restraining order against the ban, saying it runs afoul of last year’s Bruen decision.

Even some members of Lujan Grisham’s own party are speaking out against the New Mexico governor’s unconstitutional actions, too.

Bernalillo County Sheriff John Allen (D) quickly spoke out against the ban. “It’s unconstitutional, so there’s no way we can enforce that order,” Allen said at a news conference. “This ban does nothing to curb gun violence.”

Bernalillo County District Attorney Sam Bregman also said he wouldn’t enforce the law.

New Mexico Attorney General Raul Torrez (D) had similar thoughts about Gov. Grisham’s ill-conceived plan, saying he would not defend the ban in court.

Torrez wrote in a letter to Gov. Grisham: “Given that only responsible gun owners are likely to abide, much less recognize your ban, it is unclear how this action will lead to a measurable decline in gun violence in our community … . The data do not support the conclusion that gun violence in our community is attributable to otherwise law-abiding citizens exercising their constitutional right to carry firearms for protection outside the home.”

Torrez’s letter concluded: “Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence.”

Even congressional Democrats joined in the fray. Among them was Rep. Ted Lieu (D), who joined in on criticizing the ban. Lieu wrote on X, formerly Twitter: “I support gun safety laws. However, this order from the governor or New Mexico violates the U.S. Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution.”

Rep. Lieu’s post seemed to tweak Gov. Grisham more than some of the other slights she has received. She hit back on the same platform, posting: “Hey Ted, conceal and open carry are state laws that I have jurisdiction over. If you are really interested in helping curb gun violence, I’d welcome you to join our next police academy class.”

Later, during a CNN interview, Gov. Grisham said, “Look, I wouldn’t do it if I didn’t think I had the right. I have the right. It’s a suspension. It’s not a ban.”

Gov. Grisham should read the U.S. Supreme Court’s Bruen decision.

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