Posts Tagged ‘Albuquerque’

Gun-Banning NM Governor Smacked Down Again

Sunday, December 10th, 2023

You may remember New Mexico Democratic Governor Lujan Grisham from such previous hits as I can unilaterally suspend parts of the Constitution I don’t like by decree. She made the foolish decision to try to extend her illegal decree, and was smacked down yet again by the courts. Here’s William Kirk of Washington Gun Law on the case:

  • “The case we’re talking about today is Springer v Grisham. This is one of many many challenges to Governor Michelle Lujan Grisham’s gubernatorial order, where she sua sponte suspended the Second Amendment rights of everybody in the city of Albuquerque as well as the surrounding county.”
  • “There was certain parts of that order that were stripped down right away by the courts, but there are other parts that kept going.”
  • “A gubernatorial order on a public health emergency. Where have we ever seen that before?”
  • “In the the People’s Republic of Washington, we had a public health emergency a few years ago, where our governor promised us 15 days to flatten the curve and he shut down the whole state…after almost 900 days, 900 days, the governor finally released most of his emergency power.”
  • Grisham keeps extending the emergency gun order.
  • “The two issues that were challenged here in Springer were governor Grisham’s prohibition on firearms in parks and in playgrounds, and this ended up before the United States district court for the District of New Mexico and the judge here has enjoined the order on parks.”
  • “The restrictions on the playgrounds still remain in effect.” Per the decision: “The government has demonstrated that playgrounds are analogous to sensitive places where there is a longstanding history of firearm regulations.” Responsible gun owners may argue against this on a the basis of logic (lawfully armed citizens prevent unlawful behavior), but at least the court is now applying the Bruen decision.
  • Indeed, the decision itself states “defendants have not satisfied the test set forth in Bruen at this stage, as they have not demonstrated a historical tradition of prohibiting the carrying of firearms in public parks. The Court therefore enters a preliminary injunction enjoining the public health order to the extent it prohibits carrying firearms in public parks in Bernalillo County and Albuquerque, New Mexico.” Just the fact that district courts are now citing Bruen in the first pages of their decisions is a huge win.
  • WK: “There is a litany of case law out there that says ‘Listen, if you’re violating a constitutional right in general, then we will presume that to be irreparable harm. So we’re talking about the violation of one’s Second Amendment rights, this activity is clearly covered by the plain text of the Second Amendment. So the Court’s willingness to enjoin this law is incredibly positive, because it also shows the court believe that the plaintiffs are likely to prevail.”
  • New Mexico relied heavily on the case Maryland Shall Issue Inc. vs. Montgomery County, but the decision pointed out that was decided pre-Bruen.
  • By actually applying the Bruen test, and using it to strike down half of the remaining decree, the courts have giving gun owners at east three-fourths of a loaf here.

    New Mexico’s Democratic Governor Gun Ban Overreach Unites Own Party Against Her

    Tuesday, September 12th, 2023

    New Mexico Democratic Governor Lujan Grisham declaration that she could unilaterally suspend parts of the United State Constitution by decree have gone over like a depleted uranium balloon:

    New Mexico’s Democratic attorney general notified the governor, a fellow Democrat, on Tuesday that he will not defend her in litigation challenging her public health order temporarily banning firearms in certain counties and imposing other gun restrictions.

    The prohibition applies to Albuquerque and Bernalillo counties.

    “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,” New Mexico attorney general Raúl Torrez wrote to fellow Democratic Governor Michelle Lujan Grisham in a letter. “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.”

    Multiple plaintiffs — the National Association for Gun Rights, We the Patriots USA, residents of the affected counties, and Gun Owners of America — filed lawsuits against Grisham and her administration over the dictate.

    Bernalillo County Sheriff John Allen announced Monday that his office would not enforce the order, arguing that it is unconstitutional, according to the NM Political Report.

    “There’s no way we can enforce that order. This ban does nothing to curb gun violence,” Allen said at a Monday press conference. “We must always remember not only are we protecting the Second Amendment, but at the same time, we have a lot of violence within our community. Let me be clear, I hold my standards high, and I do not or never will hedge on what is right.”

    Know who else won’t enforce the ban? Bernalillo County District Attorney Sam Bregman, Albuquerque Mayor Tim Keller and Police Chief Harold Medina. That pretty much leave only the state police to enforce Grisham’s unconstitutional ban. And none of them were in evidence when 150 or so New Mexico citizens violated the ban without being arrested.

    Prior to Grisham’s unconstitutional decree, open carry was “legal in New Mexico without a license for anyone at least 19 years of age who can legally possess a firearm.” And, actually, it still is, it’s just that Grisham and her lackeys want to pretend she has the power to abrogate the constitution and pass laws by royal decree without benefit of the legislative branch.

    It’s well documented that Democrats love banning guns almost as much as graft and abortion. The fact that so many prominent New Mexico Democrats have said categorically that they won’t back Grisham’s insane power play is telling as to just how far out of the mainstream her illegal ban grab is.