New Mexico Governor Michelle Lujan Grisham's (D) illegal 30-day concealed and open carry ban is having trouble finding support in any of the other branches of the state government.
Attorney General of New Mexico Raúl Torrez (D) wrote a letter to Lujan Grisham explaining his office will not defend her administration in lawsuits that have been filed against the the gun ban, saying it will not solve gun crime and it is unconstitutional.
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. Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster.
"The tragic deaths of 5-year-old Galilea Samaniego in a recent drive-by shooting and 11-year-old Froylan Villegas in a road rage incident should serve as a wakeup call to everyone," Torrez continued. "I encourage you to engage in a more thoughtful and deliberative process with members of the New Mexico Legislature rather than taking unilateral action that infringes on the constitutional rights of law-abiding citizens while having little if any discernible impact on the underlying dynamics driving gun violence in our community."
Torrez added he understands the need to "start a debate" over what to do with public safety, but "the issuance of an executive order in violation of core constitutional principles is not the appropriate method for bringing about such a debate..."
BREAKING: New Mexico Attorney General tells the Governor that he won't defend her carry ban, saying "I do not believe it passes constitutional muster." pic.twitter.com/ORat27wAvn
— Firearms Policy Coalition (@gunpolicy) September 12, 2023
Bernalillo County Sheriff John Allen (D) likewise said his office will not be enforcing the ban because doing so would violate his oath of office.
"In reference to concealed carry and open carry, the Bernalillo County Sheriff's Office will not enforce this segment of the order...It is unconstitutional. My oath was to protect the Constitution and that is what I will do...This order will not do anything to curb gun violence other than punish law-abiding citizens from their constitutional right to self-defense," Allen said.