New Mexico Attorney General Will Not Stand By Governor’s Anti-Gun Executive Order

Towards the middle of September, New Mexico Attorney General Raúl Torrez sent a letter to Governor Michelle Lujan Grisham letting her know that his office would not be backing the Governor’s order suspending the open and concealed carrying of firearms in Albuquerque and the surrounding region. The AG declared that the order “does not pass constitutional muster” and does not enhance public safety whatsoever.

“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.”

Aggrieved parties filed at least six lawsuits against the New Mexico Governor over her order, which includes cases from every major pro-Second Amendment organization or their affiliate organizations. 

The first legal challenge was launched on September 9, 2023,  Gun Owners of America (GOA) was the first pro-gun organization to receive a hearing for a temporary restraining order (TRO). That hearing was initially scheduled for 11 A.M. on September 14 prior to Federal District Judge David H. Urias’s decision to vacate the hearing date. Nearly all legal scholars believe that Lujan Grisham’s order is blatantly unconstitutional, which has even prompted many anti-gunners to retreat from the Governor’s anti-gun push. The Albuquerque Police Chief, Harold Medina, declared that his department will not enforce the rule against citizens carrying firearms. The Bernalillo County Sheriff John Allen, said he cannot enforce the order and carry out his oath to the United States and New Mexico Constitutions. 

On top of that, Democratic New Mexico State Representatives and Senators have criticized the Governor’s move. Senator Joe Cervantes urged the governor to scrap the public health order. His statement read as follows:

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.

Although Democrats in the New Mexico State Legislature have abandoned the governor, Republican State Representatives Stefani Lord and John Block have been taking steps towards impeaching Lujan Grisham for violating her constitutional oath. Since then, the push to impeach Lujan Grisham gathered significant momentum.

“I was completely shocked. I mean, this is no way to address a crime issue,” Lord stated. “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.”

Even among the ranks of Gun Control Inc, there is a commonly held belief that Lujan Grisham has overstepped her boundaries by implementing this executive order. Pro-civilian disarmament advocate David Hogg and California Congressman Ted Lieu have both noted that the New Mexico Governor cannot rescind constitutionally-protected liberties. 

Given what’s occurring right now in New Mexico, it’s likely that this executive order won’t be long for this world. However, nothing is a given in politics. Pro-gun advocates must always be on guard and be prepared to fight any of the gun grabs coming from the political class. 

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