New Mexico Governor Suspends Gun Rights in Albuquerque for “Public Health Emergency”
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.
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.
What Is the Big Deal About “Government” – The Biggest Scam in History… Exposed!
Etienne Breaks Down the Science for James Corbett of the Corbett Report
Go paid at the $5 a month level, and we will send you both the PDF and e-Pub versions of “Government” - The Biggest Scam in History… Exposed! and a coupon code for 10% off anything in the Government-Scam.com/Store.
Go paid at the $50 a year level, and we will send you a free paperback edition of Etienne’s book “Government” - The Biggest Scam in History… Exposed! AND a 64GB Liberator flash drive if you live in the US. If you are international, we will give you a $10 credit towards shipping if you agree to pay the remainder.
Support us at the $250 Founding Member Level and get a signed high-resolution hardcover of “Government” + Liberator flash drive + Larken Rose’s The Most Dangerous Superstition + Art of Liberty Foundation Stickers delivered anywhere in the world. Our only option for signed copies besides catching Etienne @ an event.
30 days? Why only 30 days? Is it kinda like to flatten some curve or some such? When will the 30 days be up? Just wondering. I hope NMexicans are asking the hard questions.
She needs to experience the real world.