The ‘we have to do something’ mentality bit liberals in New Mexico. Heading into the weekend, Democratic Gov. Michelle Lynn Lujan Grisham decided to ban open and concealed carry in Albuquerque. It’s a heinously unconstitutional order, so outrageous that even notable anti-gun activists like David Hogg had to call it out. Grisham backed up her order under a public health emergency as the city experienced a spate of shootings, one of which left an 11-year-old dead.
We’ve come full circle pic.twitter.com/8eyCLJT4Xw
— The Right To Bear Memes (@grandoldmemes) September 10, 2023
Instantly, The Land of Enchantment plunged headlong into the Second Amendment wars. Democrats can and will use any means to chip away at constitutional rights. The use of public health orders to take expanded government power for a spin is nothing new, though it’s now the legal battle that must be waged in the courts since the Left will undoubtedly try to use similar measures in the future (via Jonathan Turley):
The taking away of individual rights as an emergency measure is hardly new. For centuries, governments have claimed that the suspension of individual rights is necessary for the good of citizens.
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 in 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.
Yet, challengers could argue that the matter is not moot when the order can be and is likely to be repeated in the future. That is always a challenging claim to make, but it is clearly true in this case. What is clear is that this is unambiguously and undeniably unconstitutional under existing precedent.
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. It is, however, too clever by half. 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.
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.
Turley added that Grisham might have placed a bullseye on the Left’s public health argument for gun control measures.
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