Saturday, September 9, 2023

New Mexico Governor Restricts Gun Rights, Invoking Public Health as Justification

 

New Mexico Gov. Michelle Lujan Grisham issued an emergency order Friday suspending the right to carry guns in public across Albuquerque and the surrounding county for at least 30 days. (SAUL LOEB/AFP via Getty Images)

New Mexico Governor Michelle Lujan Grisham has enacted a public health mandate that temporarily prohibits both open and concealed carry of firearms in public areas of Bernalillo County, where Albuquerque is located, for an upcoming 30-day period. The directive was revealed in a media briefing on Friday, following a series of shooting incidents, including the fatal shooting of an 11-year-old child.

The Governor justifies her action by citing gun violence as a "public health emergency."

Legal challenges to this order are anticipated, particularly because the mandate appears to conflict with the Bruen Decision. The Supreme Court ruling upholds the right to carry firearms outside one's home and does not provide exceptions based on public health considerations. The Governor, acknowledging this, said she anticipates court battles over the issue.

Luis Valdes, Florida Director for GOA, likened the governor's action to the oppressive tactics seen in Cuba, expressing that such a violation of citizen rights was expected only in places like Cuba, not in the United States.

In addition to the ban on public carry of firearms, the Governor introduced several other conditions:

- The state's Regulation and Licensing Division will perform regular monthly checks on licensed gun stores to ensure they are following all regulations related to sales and storage.

- Both the Department of Health and the Environment Department will initiate wastewater testing at schools to detect the presence of illegal substances like fentanyl.

- A detailed report on gunshot victims admitted to New Mexico hospitals will be prepared by the Department of Health. This report will include available demographic data such as age, gender, race, and ethnicity, as well as information about the type of firearm used and other relevant circumstances.

- Firearms are not to be brought onto any state-owned properties, including educational institutions and parks where children are present.

- Additional State Police officers will be deployed to Albuquerque, with allocated funds covering their overtime.

- The state's Children, Youth, and Families Department will halt the Juvenile Detention Alternative Initiative immediately and reassess juvenile probation measures.

Though no lawsuits have been filed as of yet, it is only a matter of time before legal challenges arise. 

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