The Second Amendment Foundation has filed a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham and four other officials on the grounds that the governor’s “emergency order’ prohibiting open and concealed carry in Albuquerque and surrounding Bernalillo violates the Second and Fourteenth Amendments of the U.S. Constitution.
Joining SAF are the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County.
They are represented by Jordon George of Aragon Moss George Jenkins, LLP who has also filed a motion for a temporary restraining order and preliminary injunction. The lawsuit and motion were filed in U.S. District Court for the District of New Mexico.
In addition to Gov. Lujan Grisham, defendants are Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police. They are all sued individually and in their official capacities.
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“Despite her clams to the contrary,” said SAF founder and Executive Vice President Alan M. Gottlieb, “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.”
“Evidently,” added SAF Executive Director Adam Kraut, “Gov. Lujan Grisham believes she can disregard the constitution to further her own political views. We’re taking action to stop this unconstitutional exercise of power in its tracks, because it is a flagrant violation of the right of individual citizens to carry firearms in public for personal defense.
“Our motion for a temporary restraining order and preliminary injunction will prevent the state from further causing injury to the plaintiffs and other citizens under this unlawful order,” Kraut added.
On Monday, Bernalillo County Sheriff John Allen said he will not enforce Democratic New Mexico Gov. Michelle Lujan Grisham’s emergency order to suspend open and concealed gun carry for 30 days in Bernalillo County and Albuquerque.
Grisham issued the order Friday through the New Mexico Department of Health after several shootings occurred in the state this year, including one which killed an 11-year-old boy on Sept. 6.
Allen, argued that the order violates the second amendment and would be dangerous to enforce because of potential “political violence,” according to the press conference.
“It’s unconstitutional, so there’s no way we can enforce that order,” Allen said. “This ban does nothing to curb gun violence.”
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Grisham’s emergency order has drawn bipartisan criticism from across the nation over the past few days, including from prominent liberal politicians like Democratic Rep. Ted Lieu of California, and David Hogg, a survivor of the Parkland shooting and a vocal gun control activist. Republican lawmakers in the state have proposed impeachment proceedings, and the National Association for Gun Rights sued the governor within 24 hours of the order taking effect, The Associated Press reported.
Allen initially expressed concern over the emergency order on Friday, when he raised seven issues that he believed Grisham had overlooked, according to a press release. Enforcing the governor’s would potentially exacerbate the already high crime-rate in the county and would only punish law-abiding citizens, Allen further argued in the press conference.
“Let me be clear: I hold my standards high, and I do not, and never will, hedge on what is right,” Allen said. “My oath is to protect the constitution, and that is what I will do.”
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City-wide narcotics and drug offenses in Albuquerque, the main city in Bernalillo County, were up by 145% this year compared to 2022, according to police data. The city has seen a 36% increase in weapons violations over the past year as well.
The Bernalillo Sheriff’s Office declined to comment further on the matter.
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