Questions Raised Over Constitutionality of New Mexico Governor’s Suspension of Right to Carry

New Mexico Governor Michelle Lujan Grisham has issued an emergency order suspending the right to carry firearms in public in Albuquerque and the surrounding county for 30 days. This decision comes in response to a series of deadly shootings in the area.

The order, classified as an emergency public health order, applies to both open and concealed carry in most public places, including city sidewalks and urban recreational parks. Metropolitan Albuquerque, which has seen a significant increase in violent crime rates, is the only area affected by this restriction. The order does not apply to police officers and licensed security guards.

Residents are still allowed to transport their firearms to certain private sites, such as gun ranges or stores, as long as the firearms are secured with trigger locks or other safety mechanisms.

However, questions have been raised about the constitutionality of Governor Lujan Grisham’s order. Some argue that it violates the U.S. Constitution, including the Second Amendment. Representative Ted Lieu, a Democrat from California, stated on Twitter that no state can suspend the federal Constitution, regardless of a public health emergency.

Gun control activists also expressed concern about the potential violation of constitutional rights. David Hogg, a prominent gun control advocate, stated on Twitter that there is no such thing as a state public health emergency exception to the U.S. Constitution.

Governor Lujan Grisham, a Democrat, acknowledged that there may be legal challenges to her order but decided to proceed with it due to the recent surge in shootings, including the tragic death of an 11-year-old boy near a minor league baseball stadium.

The enforcement of the order will be carried out by state police, who have the authority to impose civil penalties and fines of up to $5,000.

While some gun control advocates support the governor’s decision, not all law enforcement officials in New Mexico are on board. Albuquerque Police Chief Harold Medina and Bernalillo County Sheriff John Allen have both stated that they will not enforce the order due to constitutional concerns and potential liabilities. Albuquerque Mayor Tim Keller has also distanced himself from the order, clarifying that the Albuquerque Police Department will not be responsible for enforcing it.

Governor Lujan Grisham welcomes the debate and discussion surrounding the order, emphasizing the importance of keeping New Mexicans safe. However, the constitutionality of the order remains a topic of contention.

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