The epoch times

Lawsuits pile up against NM Governor for suspending gun rights under ‘public health’ order.

New Mexico Gov. Michelle Lujan⁤ Grisham’s order‍ to suspend​ all forms of gun carry‍ in and around ⁢the state’s largest city in the name of a “public health emergency” has already drawn multiple‍ legal challenges.

Citing the recent⁣ shooting ⁤deaths of three children, including an 11-year-old boy killed outside a⁢ minor league baseball park​ in⁢ Albuquerque in a suspected road rage incident,⁢ the⁢ Democrat governor declared it would be illegal‍ to open or conceal carry a gun in Albuquerque and ⁤surrounding areas in‍ Bernalillo County, even for those⁢ who⁤ have valid permits.

The order, which‍ came a day after Ms. Grisham declared “gun‌ violence”⁢ a statewide public health ​emergency, is set to expire ​in 30 days but can ⁢be renewed. It applies to “cities or counties averaging 1,000 or more violent ⁢crimes per 100,000 residents per year⁢ since 2021,” a criterion so far met only by Bernalillo County.

Legal Issues Growing

Ms. ‌Grisham and several officials of her administration are ⁤facing multiple lawsuits. The latest legal effort to blocked the order was launched on Sept. 12 by the Second Amendment ⁣Foundation (SAF), a‍ national advocacy group based in Washington state.

Suing on behalf of a ⁤Bernalillo County ‌gun owner, ⁤the SAF ‌that the “public health” order⁣ runs afoul of the a recent landmark decision by the U.S. Supreme Court, which essentially affirmed that individuals have the right to carry firearms outside⁤ their homes.

In the ⁤high-profile 2022 case, which has come​ to be known as the Bruen‌ decision, the ⁤high court struck down a New York requirement that concealed carry⁣ applicants prove​ they have good cause⁢ to carry a firearm, finding that⁤ gun laws must be consistent with the ‌United States’ historical tradition to be considered ⁢constitutional.

“The Supreme Court has recognized that, under the Second⁤ Amendment, ‘ordinary law-abiding‌ citizens have a … right to carry handguns in public for self-defense,'” the​ complaint read, citing the Bruen ruling.

In addition to Ms. Grisham, the suit named New Mexico⁤ Health ‌Secretary ⁤Patrick Allen, ​Public Safety Secretary Jason Bowie,‍ and State Police Chief Troy‌ Weisler​ as defendants.

“Despite her clams to the contrary, Gov.⁤ Grisham ​does not‌ have the authority to ‘suspend’ the Second Amendment for an alleged public health ⁢emergency or ⁢any other reason. Neither do⁤ any of the other defendants, nor can they legally enforce such a suspension,”‌ Alan Gottlieb, SAF’s founder and executive vice president, said in a statement to The Epoch Times.

Two⁢ earlier challenges‍ were brought separately by the National Association for Gun Rights (NAGR) and ⁤Gun Owners of America‍ (GOA), just one ⁢day after Ms. Grisham announced the restrictions.

“The State must‌ justify the Carry Prohibition by ⁤demonstrating that it is consistent with the Nation’s historical tradition of⁤ firearm regulation,”‌ the complaint filed by NAGR read. ⁤”But it is impossible for⁤ the State to meet this burden, because there is no such historical tradition of firearms regulation in this Nation.”

Meanwhile, GOA pointed to the⁢ governor’s ​paradoxical statements at the Sept. 9 press conference. When asked whether she thought the 30-day ban would actually prompt criminals ⁣to stop carrying firearms, she responded, “No.” She would later tell ⁤the press that “responsible gun owners are⁤ certainly not our problem.”

“If law-abiding gun owners are not the problem, and criminals carrying guns will not obey the [public health order], then what‌ is the purpose of⁢ the Governor’s actions?” ⁤GOA stated in the lawsuit.

“The answer ‍is evident. The [public health order] serves no ⁣purpose other than to implement ‌a ​radical​ political agenda to⁤ punish law-abiding ⁤gun owners.”



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