New Mexico needs to change its tagline from the Land of Enchantment to the Land of Disenfranchisement.
On Friday, Governor Michelle Lujan Grisham (D-NM) issued a 30-day ban on open and concealed carry in her state’s capital, Albuquerque, and surrounding Bernalillo County citing a “public health emergency.”
She tweeted, “Today I issued a 30-day ban on the open & concealed carrying of guns in Albuquerque and Bernalillo County. Gun violence is killing between 2 and 3 children every month in NM - every single one of these deaths is unconscionable and they must stop.”
During a press conference, Lujan Grisham was pressed by a reporter about violating the Constitution to which the governor responded "No constitutional right, in my view, including my oath, is intended to be absolute” in response to public health emergencies.
Less reassuring is the statement of the county sheriff saying he won’t oppose the measure.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold. I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense,” the county sheriff tweeted.
But the end of his statement is concerning: “In conclusion, while we might not be in complete alignment with the Governor's recent order, we remain steadfast in our commitment to work collaboratively, both with her office and with the community, to find sustainable solutions to the gun violence epidemic plaguing our county.”
The law, however, disagrees with MLG. George Washington University Law Professor Jonathan Turley explained, “The order, in my view, is flagrantly unconstitutional under existing Second Amendment precedent. It could also be a calculated effort to evade a ruling by making the period of suspension so short that it becomes moot before any final decision is reached by a court.”
He added, “What is striking about this effort is the short specified period. By setting a 30-day period, the Governor makes it difficult to secure a final decision. She could face a preliminary injunction at that time. However, if she gets a sympathetic trial judge, the time could run out before a final ruling can be secured on appeal. In any case, it makes it less likely that the case can be taken to the Supreme Court or even through the federal court system.”
Her executive order is unconstitutional. Even some of the most prominent disarmament advocates claimed she went way too far—even though they secretly desire this. The idea just wasn’t poll-tested and well thought-out…yet. They’re saving face for the gun control cause.
Rep. Ted Lieu (D-CA) surprised Twitter/X users with his comments: “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.”
March for Our Lives co-founder David Hogg echoed Lieu, tweeting, “I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution.” ·
This is not the first maneuver attempted to use a “public health emergency” to advance “public safety” all the while restricting lawful gun ownership.
Congressional Democrats want to repeal the Dickey Amendment. By repealing this measure, the Centers for Disease Control and Prevention (CDC) would be greenlit to use federal funds to “advocate or promote gun control.” The amendment was first attached as a rider to a 1996 Congressional bill. Its namesake, Rep. Jay Dickey (R-AR), who passed away in 2017, initially favored the measure then turned against it in 2012 following the Aurora, Colorado, mass shooting.
Lest we forget: Concealed carry holders are the most law-abiding people out there. Ironically, law enforcement officers are more likely to commit crimes using firearms than lawful concealed carry permit holders.
I noted this at Townhall in June 2022, writing:
The data doesn’t lie: concealed handgun permit holders are some of the most law-abiding people out there. According to the U.S. Concealed Carry Association, only 0.59 per 100,000 in the U.S. are concealed carry permit holders charged with crimes involving handguns. That’s lower than firearms offenses committed by police officers at a rate of 16.5 per 100,000 police officers.
Help is coming. The lawsuits against New Mexico’s unconstitutional edict have been filed. But concerned citizens should tread carefully and not put themselves in legal jeopardy by getting arrested on purpose. A bill in Congress, introduced by Senator Mike Braun (R-IN), would also block the Health and Human Services (HHS) to institute gun control under the guise of a “public health emergency.”
Blue state governors like MLG are finding workarounds to the landmark New York State Rifle and Pistol Association vs Bruen 6-3 Supreme Court decision which ruled Americans don’t need to show “proper cause” to conceal carry outside their homes. The more they resist and block sacred rights, the more they will lose.
Americans recall during the height of the COVID-19 pandemic “temporary” restrictions were enacted to “slow the spread.” Two weeks to slow the spread turned into months and years to slow the spread. We have chronic fatigue over emergency orders. The Second Amendment and all constitutional rights can’t be suspended on a whim, public emergency or not.
Disenfranchising constituents isn’t enchanting; it’s grotesque.
