By: José Niño
In the middle of September, New Mexico Attorney General Raúl Torrez sent a letter to Governor Michelle Lujan Grisham to let her know that his office would not be defending the governor’s order prohibiting open and concealed carrying of firearms in Albuquerque and the surrounding Bernalillo County. The AG declared that the governor’s order “does not pass constitutional muster” and does nothing for public safety.
“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” Torrez’s letter declared. “Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster.”
Multiple pro-gun organizations such as the National Association for Gun Rights and Gun Owners of America have filed lawsuits against the New Mexico governor’s order.
John Crump of AmmoLand observed that nearly “all legal scholars believe that the Governor’s order is blatantly unconstitutional,” which has prompted a significant segment of the anti-gun community to actually oppose the governor’s order. Albuquerque Police Chief Harold Medina stated that his department will not execute the anti-carry order. Bernalillo County Sheriff John Allen expressed similar views by noting that the enforcement of this order would effectively violate both the United States and New Mexico Constitutions.
Surprisingly, Democratic elected officials in the state have taken the governor to task for her anti-gun order. State Senator Joe Cervantes issued a statement condemning this action:
“Having passed key gun safety laws working with her administration, I call on the Governor to rescind her order outlawing arms. An unconstitutional approach undermines the important collaboration gun issues deserve, and the important role of a Governor to lead genuine reforms.”
On the other side of the political aisle, Republican State Representatives Stefani Lord and John Block have already taken steps to impeach Lujan Grisham for violating her constitutional oath.
“I was completely shocked. I mean, this is no way to address a crime issue,” Lord declared. “She took an oath to uphold that Constitution. She needs to understand that those rights are absolute. And that’s why we are impeaching her, because she has committed a crime in what she is doing.”
All told, Lujan Grisham has clearly bitten off more than she can chew with respect to this executive order. It remains to be seen if she will be impeached. Nevertheless, this case demonstrates the limits gun controllers face with respect to the anti-gun agenda they’re pursuing.
Americans will not surrender their right to bear arms without a fight. The more gun owners and their fellow travelers assert themselves against the political class’s anti-gun maneuvers, the less likely flagrant gun grabs will be carried out in the near future.
José Niño is a freelance writer based in Austin, Texas. Contact him via Facebook, Twitter, or email him at [email protected]. Get his e-book, The 10 Myths of Gun Control, here.