New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence.
The Democratic governor said she expects legal challenges but was compelled to act because of recent shootings, including the death of an 11-year-old boy outside a minor league baseball stadium this week.
Lujan Grisham said state police would be responsible for enforcing what amount to civil violations. Albuquerque police Chief Harold Medina said he won’t enforce it, and Bernalillo County Sheriff John Allen said he’s uneasy about it because it raises too many questions about constitutional rights.
The firearms suspension, classified as an emergency public health order, applies to open and concealed carry in most public places, from city sidewalks to urban recreational parks. The restriction is tied to a threshold for violent crime rates currently only met by the metropolitan Albuquerque. Police and licensed security guards are exempt from the temporary ban.
Violators could face civil penalties and a fine of up to $5,000, gubernatorial spokeswoman Caroline Sweeney said. Under the order, residents still can transport guns to some private locations, such as a gun range or gun store, provided the firearm has a trigger lock or some other container or mechanism making it impossible to discharge.
Lujan Grisham acknowledged not all law enforcement officials were on board with her decision.
“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference, flanked by law enforcement officials, including the district attorney for the Albuquerque area.
John Allen said in a statement late Friday that he has reservations about the order but is ready to cooperate to tackle gun violence.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” Allen said. “I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”
Enforcing the governor’s order also could put Albuquerque police in a difficult position with the U.S. Department of Justice regarding a police reform settlement, said police spokesman Gilbert Gallegos.
“All of those are unsettled questions,” he said late Friday.
Needless to say, Republicans have completely lost their shit over this.
Its legality and enforceability have already proven to be roadblocks, with Albuquerque Police Chief Harold Medina saying the city’s police department will not be responsible for enforcing it, and Bernalillo County Sheriff John Allen cautioning the order “challenges the foundation of our Constitution” (New Mexico State Police is tasked with enforcing the order).
Republican lawmakers, including Florida Gov. Ron DeSantis, a 2024 presidential candidate, quickly capitalized on the furor, with DeSantis declaring: “Your 2nd Amendment rights SHALL NOT BE INFRINGED.”
Rep. Lauren Boebert (R-Colo.), also criticized the ban in a post on X, calling the decision “flawed” and asking: “If a governor felt like declaring an emergency right before an election they’d be to suspend the 19th Amendment and stop women from voting [sic]
?”
According to the ban, which is classified as a public health order and took effect immediately, open and concealed carry will be banned on public property for 30 days “with certain exceptions,” including for security guards and law enforcement agents—with violators facing fines up to $5,000.
New Mexico law requires a permit for concealed carry but not open carry, making it one of 38 states that allow unpermitted open carry—which is prohibited in five states (California, Florida, Illinois, New Jersey and New York), while it’s allowed with a permit in Connecticut, Hawaii, Maryland, Massachusetts, Minnesota, Rhode Island and South Carolina.
Regardless of how effective the ban will be having to depend on state cops to enforce what is effectively a county-wide ban, it's difficult to see how this order survives a court challenge. I fully expect a federal injunction by Monday or by a few days at the latest and for the GOP to run with this all the way to SCOTUS, demanding an end to all gun safety regs.
Lujan Grisham may have just given them the exact case they needed.
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