The National Rifle Association (NRA) and New Mexico’s Republicans are taking legal action against Governor Michelle Lujan Grisham over her executive order that restricts the carrying of firearms in Albuquerque and Bernalillo County.
This brings the total number of lawsuits against the governor’s order to six.
Two Republican state representatives not only filed a lawsuit but also initiated an effort to impeach Governor Grisham, citing her order and record as evidence of her incompetence.
“I am principally and steadfastly focused on moving forward with the impeachment of Governor Grisham,” stated New Mexico Republican State Rep. Stefani Lord in an email to The Epoch Times.
New Mexico Republican State Rep. John Block has joined Ms. Lord in the impeachment effort.
“Almost every single Democrat, Republican, and independent opposes her lawless, unconstitutional order, which is evidenced by the vast number of people decrying how insane and unlawful it is,” he wrote in an email to The Epoch Times.
They have initiated the certification process for an extraordinary legislative session for impeachment.
The latest lawsuit was filed in the New Mexico Supreme Court on September 14 by the NRA, state House and Senate Republicans, the New Mexico Republican Party, the New Mexico Libertarian Party, and eight individuals.
The lawsuit names Governor Grisham and Patrick Allen, Secretary of the State Department of Public Health, as defendants.
An NRA spokesperson did not respond to requests for comment.
Plaintiffs Allege ’Invasion of Rights’
According to the lawsuit, the plaintiffs are seeking a court ruling that gun violence and drug use should not be considered public health emergencies. They argue that the executive orders violate the constitutional separation of powers and result in a “plain, palpable invasion of rights.”
Despite Governor Grisham’s revision of the original order, the plaintiffs are requesting the court to hear the case.
“The Court should hear this Petition and decide these issues on the merits regardless of whether the current [order] is put back into full effect, is voluntarily withdrawn, or is superseded by another order, as the deeper legal issues involved are of paramount importance and are ‘capable of repetition yet evading review,'” states the lawsuit.
Governor Grisham has publicly defended her actions, stating during a press conference on September 8 that no constitutional rights are absolute. She claims that as governor, she has the authority to suspend certain rights during a declared emergency.
“No constitutional right, in my view, including my oath, is intended to be absolute,” she continued. “There are restrictions on free speech; there are restrictions on my freedoms.”
ACLU, Democrats Oppose Order
A spokesperson for Governor Grisham’s office did not respond to requests for comment.
The Republican representatives argue that Governor Grisham lacks the authority she claims. Ms. Lord emphasized that even members of Governor Grisham’s own party share this view.
“You know you’ve messed up when the ACLU, your own Democrat Attorney General, and gun control activists come out against your tyranny,” Ms. Lord wrote.
In a letter from the NRA to Governor Grisham, dated the same day the lawsuit was filed, Randy Kozuch, executive director of the National Rifle Association’s Institute for Legislative Action, expressed that Governor Grisham is targeting the wrong people.
“The NRA urges you to hold criminals responsible for the damage they inflict,” Mr. Kozuch wrote. “But we will not stand by as you attempt to blame and restrict the rights of peaceful Americans who simply want to protect themselves, their families, and their community.”
Arnold Gallegos, owner of ABQ Guns in Albuquerque, N.M., and a police officer in the Jemez Springs Police Department, considers a public health order banning firearms in public an ”illegal” act by New Mexico’s governor. Photo taken on Sept. 12, 2023. (Allan Stein/The Epoch Times)
Republicans Claim Plans Killed
According to Mr. Block’s email, Governor Grisham has hindered the very solutions she aimed to achieve.
“Republicans not only have plans to alleviate the violence plaguing our state, but they were all killed by Governor Lujan Grisham’s extreme far-left allies in the Legislature,” he wrote.
Mr. Block states that Republicans advocate for increased sentences for felons with guns, pretrial detention, and stricter penalties for trafficking. He alleges that Democrats, led by Governor Grisham, have obstructed their efforts.
Governor Grisham’s original executive order on September 8 declared gun violence in Albuquerque a public health emergency and imposed a 30-day ban on carrying firearms in public.
After facing criticism from both sides of the political spectrum, including New Mexico state law enforcement officials, she revised the restriction to apply only to playgrounds, public parks, and other areas designated for children’s play.
The amended rule exempts state parks within the state park system and areas owned or managed by the New Mexico Energy, Minerals, and Natural Resources Department State Parks Division or the State Land Office.
The order still requires individuals with carry permits to secure guns in locked boxes and use trigger locks or other safety measures before carrying them in public. Licensed security guards and police officers are exempt from the order.
Currently, there are five other pending lawsuits in U.S. District Court. District Court Judge David Urias issued a temporary restraining order in those cases and scheduled a hearing for a preliminary injunction on October 3.
What are the specific provisions of Governor Grisham’s executive order that restrict the carrying of firearms in Albuquerque and Bernalillo County, and how do they infringe on individuals’ rights under the Second Amendment?
As filed by the NRA and the New Mexico Republicans in response to Governor Michelle Lujan Grisham’s executive order that places restrictions on the carrying of firearms in Albuquerque and Bernalillo County. This lawsuit brings the total number of lawsuits against the governor’s order to six, reflecting the widespread opposition and concern regarding this issue.
In addition to filing a lawsuit, two Republican state representatives have also taken steps to impeach Governor Grisham. They argue that her order and her record demonstrate her incompetence as a governor. According to New Mexico Republican State Rep. Stefani Lord, the focus is now on moving forward with the impeachment process. State Rep. John Block has also joined this effort, expressing that the order is opposed by individuals from various political affiliations due to its lawlessness and unconstitutionality.
The certification process for an extraordinary legislative session for impeachment has been initiated, indicating the seriousness of the opposition against Governor Grisham’s order. This legal action taken by the NRA and the New Mexico Republicans highlights the importance of protecting individuals’ rights to bear arms and the concerns surrounding the executive order’s infringement on those rights.
It is important to engage in a thorough and careful analysis of the executive order and its implications for the residents of Albuquerque and Bernalillo County. This includes considering the constitutionality of the order, its potential impact on public safety, and the necessity of such restrictions. The debate surrounding gun rights is a complex and contentious issue, requiring a balanced approach that takes into account both individual liberties and public safety.
As the legal battle unfolds, it is crucial for all parties involved to prioritize open and respectful dialogue. The ultimate goal should be to find common ground and explore alternative solutions that address both the concerns of public safety and the preservation of Second Amendment rights.
Furthermore, it is essential for policymakers and citizens to engage in a thoughtful and constructive conversation regarding gun control measures and their effectiveness in reducing violence. This includes considering evidence-based policies that strike a balance between protecting individual rights and ensuring public safety.
In conclusion, the NRA and the New Mexico Republicans are taking legal action against Governor Michelle Lujan Grisham’s executive order that restricts the carrying of firearms in Albuquerque and Bernalillo County. This lawsuit, along with the impeachment effort by Republican state representatives, reflects the widespread opposition and concerns about the order. As this legal battle unfolds, it is important for all parties involved to engage in respectful dialogue and explore alternative solutions that address both public safety and the preservation of Second Amendment rights. Ultimately, a thoughtful and evidence-based approach is necessary to navigate the complex issue of gun control.
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