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Within hours of New Mexico Gov. Michelle Lujan Grisham’s emergency order suspending the right to carry firearms in Albuquerque and the surrounding Bernalillo County, a federal lawsuit to block the ban was filed, state lawmakers called for her impeachment and even gun control activists rebuked her for violating the U.S. Constitution.
The governor made the bold move to suspend gun rights for 30 days in response to a wave of deadly shootings in the Albuquerque area, calling it a public health emergency.
The order applies to open and concealed carry of firearms in most public places, ranging from city sidewalks to urban recreational parks. The state has a long history of allowing open carry of handguns in most public settings.
The National Association for Gun Rights and Foster Haines, a member who lives in Albuquerque, sued the governor in U.S. District Court in New Mexico and sought an immediate injunction against implementing her Friday order.
In a social media post, the gun group accused Ms. Lujan Grisham of a “tyrannical executive order banning firearm carry.”
“See you in court!” it said.
The order by Ms. Lujan Grisham, a Democrat, also was criticized by New Mexico law enforcement, a liberal Democratic congressman and a prominent gun control activist.
“I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution,” Rep. Ted Lieu, California Democrat said on X.
David Hogg, who as a student survived the deadly shooting at Florida’s Marjory Stoneman Douglas High School and went on to become a leader of the gun control movement, said Ms. Lujan Grisham had crossed the line.
“I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution,” he wrote on X.
New Mexico lawmakers accused Ms. Lujan Grisham of trampling on citizens’ rights and said she should be removed from office.
“Public health order for gun control? Stand strong, Bernalillo County! Stand up, New Mexico! We are not the criminals. Our rights are being trampled upon,” said state Sen. Greg Baca, the top Republican in the chamber.
State Reps. Stefani Lord and John Block went further, calling for the impeachment of the governor.
“This is an abhorrent attempt at imposing a radical progressive agenda on an unwilling populous, Ms. Lord said in a statement.
When announcing the emergency order, Ms. Lujan Grisham insisted it was not unconstitutional and was allowed under an “exception” to the Constitution’s guarantee of the right to bear arms.
“If there’s an emergency and I’ve declared an emergency for a temporary amount of time, I can invoke additional powers,” she said. “No constitutional right, in my view, including my oath, is intended to be absolute. There are restrictions on free speech. There are restrictions on my freedoms.”
Ms. Lujan Grisham argued that the violent crime wave has left parents who have lost children and that they deserve her attention and have the debate about suspending guns during an emergency.
“We can create a safer environment. Because what about their constitutional rights?”
When a reporter asked if there are already laws on the books against crime, she responded: “If I’m unsafe, who’s standing up for that right? If this climate is so out of control, somebody should do something.”
In response to the suspension order, the New Mexico Shooting Sports Association declared on social media: “We will not comply.”
“The NM Bill of Rights guarantees the right to keep and bear arms for security, defense, and all other lawful purposes,” the group said. “Under the New Mexico Civil Rights Act, signed by Lujan Grisham, a person whose rights are violated may sue to recover for damages and obtain injunctive relief.”
Under the act, damages of up to $2 million per person can be awarded.
Elon Musk, the tech billionaire and owner of X, chimed in on his social media platform: “At risk of stating what should be obvious, deliberately violating the Constitution is next-level illegal. How soon can this person be removed from office?”
Ms. Lujan Grisham based the public health emergency on violent crime rates spiking in metropolitan Albuquerque. Police and licensed security guards are exempt from the temporary ban on concealed or open carry of firearms.
Under the order, residents may still transport their firearms to some private sites, such as a gun range or gun store, provided the firearm has a trigger lock or some other container or mechanism making it impossible to discharge.
Ms. Lujan Grisham said she expected legal challenges to her order but decided to go forward with it because of the spate of shootings, including a recent shooting that resulted in the death of an 11-year-old boy outside a minor league baseball stadium.
She said state police would be responsible for enforcing the monthlong order for what amounts to civil penalties and a fine of up to $5,000.
Other gun control advocates lauded her aggressive move to curb the violence.
“If it saves one life, then it’s worth doing,” said Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence.
The Washington Times reached out to other gun control organizations for comment, including Brady United and Everytown, but did not hear back.
New Mexico law enforcement officials also were at odds with Ms. Lujan Grisham.
Albuquerque Police Chief Harold Medina said he would not enforce it, and Bernalillo County Sheriff John Allen said he is apprehensive because there are too many constitutional issues surrounding the emergency order.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” Mr. Allen said in a statement Friday. “I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”
Albuquerque Mayor Tim Keller, a Democrat, distanced himself from the governor. He said on X that the Albuquerque Police Department would not be responsible for enforcing the order.
Ms. Lujan Grisham conceded that her emergency order was not popular.
“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference where she was flanked by law enforcement officials, including the Albuquerque district attorney.
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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