New Mexico Governor Michelle Lujan Grisham on Friday suspended laws that allow open and concealed carry of firearms in Albuquerque for 30 days after declaring a public health emergency. 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.
The order cites recent cases of gun-related violence in and around the city, including the killing of an 11-year-old boy dead and the wounding of a woman in their vehicle in an apparent road rage incident after a baseball game.
Grisham declared that “as I said yesterday, the time for standard measures has passed. And when New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game—when their very right to exist is threatened by the prospect of violence at every turn—something is very wrong.”
Democratic leaders have increasingly turned to a claim used successfully during the pandemic in declaring a health emergency to maximize unilateral authority of governors. There have also been calls to declare racism a public health emergency, supported by groups like the American Public Health Association. Transgender programs have also been declared a public health emergency by some groups. The motivation behind many of these calls is not to negate constitutional rights, but the question is whether such declarations allow governors discretion to suspend or curtail individual rights.
As the list of claimed health emergencies grow, even state Democratic judges may begin to balk at the obvious end run around constitutional rights.
The order allows for an expansion to other cities that meet the threshold for violent crime if 1,000 or more violent crimes per 100,000 residents have occurred per year since 2021. It also sets a threshold of 90 firearms-related emergency room visits per 100,000 residents have occurred between July 2022 and June of this year.
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.
In 2008, the District of Columbia brought us District of Columbia v. Heller, the watershed decision declaring that the Second Amendment protects the individual right of gun possession.
In 2010, Chicago brought us McDonald v. City of Chicago, in which the Court declared that that right is incorporated against state and local government.
However, no state has done more for the Second Amendment than New York. The state has been a fountain of unconstitutional laws — and the basis for a series of wins for Second Amendment advocates.
New Mexico could now prove the next big opportunity for gun rights advocates in tackling the public health rationale for gun control.
Jonathan: You have to hand it to New Mexico’s Gov. Lujan Grisham. Her responsibilities include protecting the health and safety of the residents of Albuquerque. With the recent uptick in gun violence the Gov. was acting prudently. The ban on open carry only applies to the city and the surrounding county and only is in effect for 30 days. It should be noted that the “open carry” law doesn’t apply in a significant part of the state–on tribal lands that have strict laws against open carry.
I am constantly amazed that those who, like you, say there should be no infringement on right to openly pack a Glock as part of their “individual rights”, don’t apply the same standard to other rights of citizens. You supported the Dobbs decision that now permits states to ban abortion. You’re OK with that. The Q is if a resident of Albuquerque has the “individual right” to tote and kill an 11 yr old boy at a baseball game, then why do you support abortion bans? Don’t women also have the “individual right” to make their own health care decisions–the right to privacy. Double standard?
“Study finds New Mexico as the worst state to live in”
How is that a double standard? Dobbs merely declared the states have the right to restrict the killing of innocent human beings.
Remember when the Brandon administration forced women to take a vaccine?
Civil rights are useless for the dead.
The police should have absolute power, just like singapore. I mean, why shouldn’t the police be able to search homes in the high-crime ghettoes? How many lives could they save.
By the way, the Brandon administration forced women to take a vaccine or else lose their jobs.
@Dennis McIntyre
A remarkably confused statement. Intentional?
1. “The Gov. was acting prudently.” Prudence would dictate not only a goal of reducing gun violence but a method of how that will be measured and criteria for success. Do you know what that is? If you don’t, how can you judge ‘prudence’?
2. If the governor was acting ‘prudently’, for the safety of residents, why ONLY for 30 days? Do you have a justification for 30 days as opposed to any other timeline for ‘prudence’ sake?
3. Why should it be noted what ‘law doesn’t apply in a significant part of the state–on tribal lands’? If those areas are not under the ‘order’ in question, then what does that have to do with anything?
4. Why would you be “constantly amazed that those who, like you, say there should be no infringement on right to openly pack a Glock as part of their “individual rights”, don’t apply the same standard to other rights of citizens”? Do YOU think think there is no room for disagreement on any issue? Do YOU think that all persons must agree on ALL issues All of the time and if they do not then they are hypocrites? Such an approach is the height of bigotry as you a branding people you disagree with on any one issue as being inconsistent and thus a hypocrite…as judged by YOUR criteria.
5. You need to do a little more reading up before you quote Dobbs as it did NOT permit the states to do anything. In Dobbs, the SCOTUS said the federal government, based on the Constitution, had NO authority to to interfere with abortion. And since there is NO authority for the federal to interfere or become involved with in the US Constitution then this statement comes into play:
“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
We call that statement the 10th Amendment to the US Constitution. Dobbs did NOT permit States ANYTHING. It recognized a State right.
6. And then you posit ‘if a resident of Albuquerque has the “individual right” to tote and kill an 11 yr old boy at a baseball game”? The statement is not only absurd, it is a lie and a misconstruction presented only to confuse different issues. And then you combine that with abortions?
7. “Don’t women also have the “individual right” to make their own health care decisions–the right to privacy. Double standard?” Women and anyone else now have the right (Dobbs cleared that for them by getting the federal government out of the way) to petition their legislatures on pro or con abortion issues. Let the States decide their own rules…as was designed in the Constitution.
Civil rights laws are deadly. They tie the hands of cops.
Do you remember that movie Under Siege starring Bruce Willis? it was about a terrorist threat in New York, so General Willis declared martial law, led the troops and eliminated the terrorist threat.
Governor Lujan should do the same. The children of Albaqurque need troops on the streets, to take the trash out for good!
@Z Crazy
I have more than enough on my plate in dealing with reality. I quit trying to draw some message or moral lesson from fiction when I quit watching the Lone Ranger many moons ago.
Besides, put a real life General like Mark Milley in the place of a character like Bruce Willis in Albuquerque and do you think you will get the result you hoped for? (Never saw that movie so don’t know the result but will guess it was like all the other movies Bruce did: He slugged it out and, against all odds, defeated the evil guys)
What a total beatdown for Dennis. Its almost like he just said a bunch of crap to see if someone would bother to squash him. He’s getting desperate. I dont even see a need for Dick Head to parody him, he looks plenty foolish all in his own.
Better go back to talking about trump denny. You’re way out over your skis on this one.
It’s always an emergency. Eviction moratorium, student loan payments, climate, the border, Ukraine, crime etc etc.
now imagine if they packed the Court. All of these emergencies would stand and would remain in place.
The “result” of gun violence goes way beyond guns. A constitutional lawyer could argue in court that it’s also rooted in violent music, violent television, violent video games, violent social media, violent sports culture, poverty, bad education, bad parenting or anything else.
For those that completely want to abolish the 2nd Amendment might want to be careful. The next targets will be the 1st, 4th and 14th Amendments – rights most Democrats care about.
Any amendment (or right) has some minimal regulation, to prevent one citizen from infringing on another citizens rights but painting this as only a gun problem is dishonest. There are a multitude of factors that produce this result.
Ha! I would argue Democrats don’t at all care about those rights.
They don’t call it “conceal” and carry for nothing. The gun-control police aren’t going to stop and frisk every citizen, so she can pontificate all she wants, but no pro-2A is going to give her the time of day.
The worst abuses are justified by declaring an emergency. Just ask the Japanese who were interned during WWII, or the victims of the very recent Covid public health response, including all the small business that went bankrupt.
Says it all……the Sheriff of that County proves he is a far wiser and honorable public official when he denounced the Governor’s Royal Edict.
The Professor gets it exactly right when he said ” What is clear is that this is unambiguously and undeniably unconstitutional under existing precedent.”.
The NRA and other Gun Groups should immediately file legal challenges to the Governor’s Edict and get it into Court.
They should never miss those golden opportunities delivered to them by overzealous Leftist Loons like this Governor.
The motivation behind many of these calls is not to negate constitutional rights . . .
And you know that, how again? You’ve crawled inside their minds and know their subjective intentions?
Is it too much to ask for just an iota of humility and not pretend to know things you have no way of knowing?
This is pretty sure to increase violence in that county, since the bad guys know the good guys have now been disarmed.
The Guv doesn’t care, nor does she care if constitutional rights are violated. It’s all about re-election baby. In blue-state New Mexico this will win political brownie points toward that goal.
Elections in blue states are not the result of traditional democratic electoral processes anymore, as we are all painfully aware of by now.
The comrade selected to rule over New Mexico is doing the bidding of her (his?) benefactors, far removed from American values, law, and certainly voters.
It is high time the public secured elections because, you can be sure, the powers-that-be have it exactly as they want it.
REFUSE to comply! Straight out Tyranny. This is exactly why the 2nd Amendment is the Constitutional Remedy.
You knew an American NAZI aka National Socialist Democrat WOKE Party would go there. Brilliant move in an election cycle. ATF stated 700 million guns in circulation. Are you sure you want to go there?
SAY WHEN
You know where you can put your Health Emergencies, Lock Downs, Mask and Unconstitutional Gun Restrictions.
It’s a Right not a privilege. “shall not”
If they try that in Colorado of the Feds try it I will refuse to comply!
When a government official knowlingly issues an order or takes an action that violates the U.S. Constitution–and there is no doubt that Governor Grisham knows that this order violates the Constitution–doesn’t this make that government official personally liable for civil damages, including punitive damages?
As I understand it, yes, most certainly. I believe there is an additional conspiracy component if two or more conspire to implement the destruction of individual rights as well.
Unfortunately, only one office in America is authorized to enter federal charges and we all know who that is.
Neil Bobacon cited Wikipedia in informing readers that Michelle Lujan Grisham sexually assaulted James Hallinan, her former campaign spokesman. Not surprisingly Wikipedia, a Leftist platform, omitted very important details. James Hallinan received numerous death threats from Grisham acolytes, was Hispanic, and was a gay male. No word from Human Rights Campaign, Southern Poverty Law Center or ACLU. James Hallinan was the Juanita Broderick of sexual predator Bill Clinton. Indeed we have a 2-tier justice system. No wonder Grisham ordered that the 2nd Amendment is to be disregarded.
Note:
James Hallinan died suddenly in July, age 40, without explanation.
What is it about Democrats killing off or persecuting their accusers and political opponents?
Former spokesman who accused Lujan Grisham of abuse breaks silence
I’m tired,” he said Thursday. “I’m tired of the continued death threats on social media and everybody trying to muscle me. I’m real tired of it. They’ve pushed me too far.”
Hallinan also said he’s fed up with being made out to be the bad guy and that he doesn’t understand why Lujan Grisham has been given a “free pass” when men in politics have been held accountable for their bad behavior. ….Hallinan, an openly gay man, questioned whether his sexuality is a factor.
“Think about this,” he said. “If I was a female and the governor was a male, oh my God, it’d be like the biggest scandal in the the world. She’d be done.” ….“They’ve ruined my life so much and my family’s life so much, I don’t [expletive] care anymore,” he said.
https://www.santafenewmexican.com/news/local_news/former-spokesman-who-accused-lujan-grisham-of-abuse-breaks-silence/article_532aff34-5609-11ed-82f0-e3a564f86e66.html
Democrats use minorities as talking points / props and apparently sexual favors, e.g. Senator Joe Biden – Tara Reade
Naturally Lujan Grisham has deep state ties to DNC Washington DC. Kamala Harris officiated over Lujan Grisham’s wedding to Manny Cordova in 2022.
Expect “constitutional scholar” Laurence Tribe to justify Grisham’s actions.
Estovir,
Amazing what they will do to destroy anyone who even challenges them. Even their own former campaign spokesman.
The order states …” any person or entity who willfully violates this Order may be subjected to civil administrative penalties available at law.”
LOL carry anyway nothing will happen?
Perhaps they’ll “quarantine” the violator like Typhoid Mary.
Suppose someone in Albuquerque open carries for the purpose of being arrested and charged. If they are prosecuted, can the court can still rule on the order despite it being expired?
OT but related,
Anti-cop Minnesota Democratic Party official left bloodied in violent carjacking — now calls for tougher crime laws
https://nypost.com/2023/09/07/anti-cop-minnesota-democratic-party-official-left-bloodied-in-violent-carjacking/
Guns, let alone “illegal” guns, do nothing when left alone. They just sit there.
It is the individual who picks up and uses the gun for nefarious purposes that is responsible.
@UpstateFarmer I believe that’s what we call a “come to Jesus moment”.
ZZClancy,
HA! Right!
Nice to know that democrats continue to practice under the concept of never let a good emergency (real or emergency) go to waste, I’m surprised that the Fulton County prosecutor is not already on the case. She and her grand jury (operating under the legal precept of the Reign of Terror) wanted to indict 3 senators and so many other minions. I’m surprised she did not insist on expanding her reign to New Mexico and bag a governor. Oh! But this person is a democrat so they are above reproach and the law. Last I heard she wanted to dig up and indict Alexander Stephens and indict him since he was obviously a key influence over Trump and all his allies.
GEB,
If that foreman of that grand jury is the best of them, you know, the one who went on several news outlets to give interviews with her crazy smile and laugh you know we are in trouble as a nation.
Yet another pipsqueak governor making a grab for national exposure. The Democrat bench is so sparse even corrupt nobodies like this begin to think they are plausible candidates for the Presidency.
actually she is a Bill Clinton in drag. No offense to drag performers!
Once more society is bludgeoned by the hidden costs of “good intentions”, in this case, “public health”.
In the beginning the discovery that public water wells were a source of cholera so it was necessary to consolidate the treatment and distribution of water was a useful measure. As public health became more muscular as a “profession”, it went in search of fields to conquer. Now, “public health” has become a club used to threaten and beat the populace into submission. Time to get a grip on reality. Guns or knives or vehicles are not a controllable problem. It’s the human wielding or driving same.
My favorite observation on this topic comes from the American sculptor, Lorado Taft who described the reason for his Solitude of the Soul sculpture thusly. “The thought is the eternally present fact that however
closely we may be thrown together by circumstances…We are Unknown to Each Other.”
Check it out, at the Art Institute of Chicago and two other locations.
“The order cites recent cases of gun-related violence . . .”
That diktat uses crimes of the guilty to usurp the rights of the innocent.
Why are more people not horrified by that anti-American, collectivist concept of guilt and punishment?
Oops on the typo.
She suspended concealed carry for those who hold a license. The requirements to obtain a concealed carry in New Mexico is a minimum of 20 hours of formal training, demonstration of competency on the range, background check and registration and requirement to carry the CCW license. The emergency law takes effect immediately. If a licensed carrying citizen has a weapon in his or her car and it is not disassembled or carried with a lock then it iScanner 5009 fine minimum.
So, the violent thugs run amok with no consequences. They come into stores and help themselves and nothing is done. This is a lawless city full of homeless and fentanyl zombies. What does she do? She punishes law abiding citizens. The APD does not have the manpower to protect the citizens in time to do any good should they be threatened.
Thugs could care less about her law. They have no consequences. She just took away lawful citizens’s rights to protect themselves, not sufficient warning to fully inform those who could be impacted. Instead of enforcing the laws that already exist she punished law abiding citizens.