Governor Michelle Lujan Gresham is stepping on the toes of Second Amendment advocates. She recently prohibited firearms in New Mexico parks. The band has, however, been temporarily suspended by the US District Court pending further hearings. Gun rights activists and state officials were quick to condemn the suspension.
Governor’s Emergency Order.
New Mexico Governor Michelle Lujan Grisham initially declared an emergency suspension of the right to carry firearms in public in Albuquerque and surrounding areas. The decision came after an increase in gun violence, particularly involving children. The emergency order, which imposed civil fines for violations, was meant to be a temporary measure lasting 30 days.
With multiple shootings cited by the governor, the suspension was justified as a reaction to rising violence. “Last night, we saw violent crime move through the city, resulting in a gun injury, two car hijackings, and a kidnapping with suspects not yet in custody,” Governor Lujan Grisham said, emphasizing the critical situation.
BREAKING: New Mexico Governor says she is amending her executive order to allow open and concealed carry (except in public parks and playgrounds) due to the "debate in court"
— Firearms Policy Coalition (@gunpolicy) September 15, 2023
Legal Challenges and Backlash
The order immediately drew criticism. Gun rights advocates, local law enforcement, and bipartisan political figures all opposed the suspension, which they called “insanely unconstitutional.” U.S. District Court Judge David Urias issued a temporary restraining order to prevent the suspension, adding to the legal scrutiny of this decision.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” stated Bernalillo County Sheriff John Allen, emphasizing concerns of civil liability and rights infringement by abiding citizens.
Governor Lujan Grisham’s strategy was not without consequences. The refusal by State Attorney General Raúl Torrez to defend the order raised serious constitutional concerns. Criticism included accusations that public health emergencies were being used as a pretext for executive overreach.
California won't accept shootings at schools and parks as just a "fact of life."
The court just upheld the state's law limiting guns in certain public places to prevent mass shootings and violence — and we'll keep defending these life-saving laws. pic.twitter.com/h6DPILkBFe
— California Governor (@CAgovernor) September 7, 2024
Decision to Revoke the Firearm Ban
Amid legal challenges and public pressure, Governor Lujan Grisham revoked the ban, shifting attention to harmonizing public safety with constitutional liberties. Despite the contentious legal and public reactions, the governor aims to balance these priorities in future safety strategies.
“Her oath to uphold the Constitution isn’t ‘intended to be absolute,’ and that there is some sort of public health emergency exception to the Constitution when it stands in the way of her preferred gun control policies,” as criticized by constitutional scholars.
This development highlights the widespread, ongoing debates over gun control legislation and Second Amendment rights, not just in New Mexico, but across the country.
Governor Gavin Newsom’s Statement on Court Decision Upholding California’s Gun Restrictions in Many Public Places Says, “We Refuse To Accept Shootings At Schools, Parks, And Concerts As A Normal Fact Of Life”#MariposaCounty #MaderaCounty #Merced #Fresnohttps://t.co/I2P6XT9YIi
— SIERRA SUN TIMES (@SIERRASUNTIMES) September 7, 2024
Implications for Broader Gun Control Debate
The revocation highlights the persistent tension between public safety and constitutional rights. It underscores the limitations faced by state executives when federal and state constitutional rights are perceived to be at risk. This case is likely to contribute to future discourse on the appropriate limits of government intervention in the realm of firearms regulation.
“THE SECOND AMENDMENT IS NOT UP FOR DEBATE” as affirmed by advocates emphasizes the steadfast defense of constitutional principles amidst shifting legal interpretations and legislative actions.
As New Mexico continues to navigate this complex legal terrain, the implications will resonate with other states and at the federal level, influencing future policymaking and legislative approaches to firearms governance.
Sources:
- Mexico governor amends order suspending right to carry firearms to focus on parks, playgrounds
- 5 Things to Know About New Mexico Governor’s Insanely Unconstitutional Gun Control Orde
