Tipsheet

New Mexico Governor's Unconstitutional Gun Ban Is About to Backfire

Rebecca Downs
Rebecca Downs  |  September 13, 2023 12:45 PM

Late last week, as Townhall has been covering at length, Gov. Michelle Lujan Grisham (D-NM) declared a 30-day ban on concealed and open carry of firearms in Albuquerque and the surrounding Bernalillo County under the guise of "an emergency public health order." She's only doubled down further, and has gone after anyone standing in her way, even and including fellow Democrats. As Jeff Charles at our sister site of RedState pointed out, Republican state legislators have already brought up the possibility of impeaching the governor. Townhall spoke to state Rep. John Block, a Republican who represents District 51, about the effort. He, along with state Rep. Stefani Lord, a Republican representing the 22nd district, are both leading the charge.

When confronted with how Democrats control the state legislature, Block pointed to how the governor is without support from members of her party with her gun ban. "The radio silence from every Democrat in the Legislature proves Gov. Lujan Grisham’s support is evaporating quickly. Usually, they flock to defend her in any and all instances. On this one, they are staying on the sidelines, so this is a turning point," he said, suggesting that "Democrats would rather have their political futures last than go down with the Lujan Grisham sinking ship."

Democrats in the state legislature aren't the only ones, as Bernalillo County Sheriff John D. Allen and New Mexico's Attorney General Raúl Torrez, both fellow Democrats, also refuse to defend the governor's unconstitutional order. Block also pointed to Albuquerque Mayor Tim Keller, another Democrat, who won't stand by the ban. The mayor had posted that the Albuquerque police "is not responsible for enforcing the governor's ban."

Other state Democrats, as Block posted about, and even the ACLU, are turning on the governor.

Republicans in the state Senate also agree that Grisham is lacking key support from her fellow Democrats. As Republican Leader Gregory Baca, who represents District 29, told Townhall, "Republicans and Democrats agree. The governor blatantly violated our state and federal constitutions, and by her own admission, her oath of office. There should be consequences for her malfeasance and we are examining all options."

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When taking a question from a reporter, the governor claimed that "no constitutional right, in my view, including my oath, is intended to be absolute."

The governor's order is largely considered to be unconstitutional. Again, this even includes the state's own Democratic attorney general, who said in part "I do not believe it passes constitutional muster."

Law Professor Jonathan Turley is among those who has weighed in, not only on the constitutionality of the order, but with what Grisham's end game might be here.

As Turley writes in his blog post:

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.

The order is in effect for at least 30 days. As Turley also mentions in the excerpt above, "challengers could argue that the matter is not moot when the order can be and is likely to be repeated in the future." If the gun ban is treated anything like COVID, Grisham may try to put orders in place clarifying the ban to extend it.

Grisham has already been sued by multiple groups for her emergency order.

When speaking to Townhall about what he thinks the governor's end game might be, Block pointed out that Grisham is a term-limited, lame duck governor," and speculated she is "now auditioning for a high place in Joe Biden’s cabinet if he wins in 2024." 

"But she overplayed her hand with this comment, and I expect Joe Biden to avoid her like the plague because he actually wants to win Next November--not be seen as someone who wants to set fire to the Constitution--even if he does support her extremist unconstitutional position," Block continued. "This is a test of just how far the Radical Left can go on infringing on our rights before we say 'Enough is enough.' I think they finally will get their answer when Gov. Lujan Grisham is impeached."

Block also expressed that the governor is "cornered, and she knows it," pointing to how Grisham posted against him and Lord. "Why would she slap back against two state representatives? Because we are right on the money and will get her impeached," he raised. 

Perhaps most telling about Grisham's motivation, is that, as Block mentioned, the governor "claims we don’t have solutions to violent crime in New Mexico, but in actuality, we sponsored meaningful reforms to hold criminals accountable. In her press conference announcing her edict, she made clear she expects no criminals to follow it."

It's not just lawmakers who want Grisham gone. In response to the governor's order, Elon Musk posted a reply wanting to know "How soon can this person be removed from office?"