By Dave Workman
Editor-in-Chief
At least two federal lawsuits have been filed against New Mexico Gov. Michelle Lujan Grisham, challenging her authority to suspend open and concealed carry laws in Bernalillo County, including Albuquerque, and more legal actions are almost certain.
Gov. Lujan Grisham took the action as a “public health emergency” after three children were killed in separate shootings.
Incredibly, her action is drawing fire from Democrats and even gun control advocate David Hogg, who posted this message on “X” (formerly Twitter): “I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution.”
As noted by Reason, one lawsuit was almost immediately filed by the National Association for Gun Rights and a member who resides in Albuquerque. A second legal action was filed by the Gun Owners of America, along with a resident of Bernalillo County.
There may be others as well. Reason said the New Mexico Shooting Sports Association, a state affiliate of the National Rifle Association, said it plans to join the other groups in challenging the governor’s order.
Lujan Grisham, a Democrat, intensified the fury when, in response to a question from a reporter, she stated, “no constitutional right, in my view, including my oath, is intended to be absolute.”
But California Congressman Ted Lieu tweeted “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. There is no such thing as a state public health emergency exception to the U.S. Constitution.”
His comment ignited a debate on “X” from many individuals who argued the U.S. Constitution does not apply to the states. However, their opinions ignore Supreme Court rulings incorporating amendments from the Bill of Rights to the states, including the June 2010 high court ruling in McDonald v. City of Chicago, a Second Amendment Foundation case which not only nullified the Chicago handgun ban but also incorporated the Second Amendment to the states via the 14th Amendment.
Criticism for Lujan Grisham’s actions also came from traditional sources. Randy Kozuch, executive director of the NRA’s Institute for Legislative Action noted, “In a shocking move, Governor Lujan Grisham is suspending Second Amendment rights by administrative fiat, ignoring the US Constitution and the New Mexico Constitution. Instead of undermining the fundamental rights of law-abiding New Mexicans, she should address the soft-on-criminal policies which truly endanger its citizens.”
Her move also drew flak from New Mexico officials including Republican State Reps. Stefani Lord and John Block, who are calling for her impeachment.
According to NTD News, Bernalillo County District Attorney Sam Bregman, a Democrat, along with Democratic Albuquerque Mayor Tim Keller and Police Chief Harold Medina all said they will not enforce the order.
Police Department spokesman Gilbert Gallegos told reporters that enforcing the edict could create problems for the agency with the U.S. Department of Justice.
Bernalillo County Sheriff John Allen is also leery of the order, and expressed concerns about how gun owners might react. Considering the lawsuits, that concern may already have been answered.
