Albuquerque open carry ban

[jasper2408]

If you remember the thread here on the SCOTUS ruling during the Civil War on habeas corpus, the other part of that ruling was that the government could not just make up emergencies in order to take away peoples freedoms or property. Will be interesting to see how this ends up as she used Public Health as the reason. This is only for the city of Albuquerque for now and supposedly for only 30 days.

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.

Lujan Grisham referenced several recent shootings in Albuquerque in issuing the order. Among them was a suspected road rage shooting Wednesday outside a minor league baseball stadium that killed 11-year-old Froyland Villegas and critically wounded a woman as their vehicle was peppered with bullets while people left the game.

Last month, 5-year-old Galilea Samaniego was fatally shot while asleep in a motor home. Four teens entered the mobile home community in two stolen vehicles early on Aug. 13 and opened fire on the trailer, according to police. The girl was struck in the head and later died at a hospital.

The governor also cited an August shooting death in Taos County of 13-year-old Amber Archuleta. A 14-year-old boy shot and killed the girl with his father’s gun while they were at his home, authorities said.

“When New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game — when their very right to exist is threatened by the prospect of violence at every turn — something is very wrong,” Lujan Grisham said in a statement.

The top-ranked Republican in the state Senate swiftly denounced the governor’s actions Friday to restrict guns as a way to stem violent crime.

“A child is murdered, the perpetrator is still on the loose, and what does the governor do? She ... targets law-abiding citizens with an unconstitutional gun order,” Sen. Greg Baca of Belen said.

Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, applauded the governor’s order as a courageous and necessary step to curbing gun violence, even if the measure’s legal fate is uncertain.

“If it saves one life, then it’s worth doing,” Viscoli said.

Since 2019, Lujan Grisham has signed a raft of legislation restricting access to guns, including a 2020 “red flag” law allowing police or sheriff’s deputies to ask a court to temporarily remove guns from people who might hurt themselves or others, an extension of background-check requirements to nearly all private gun sales.

She also signed a ban on firearms possession for people under permanent protective orders for domestic violence.

Friday’s order directs state regulators to conduct monthly inspections of firearms dealers statewide to ensure compliance with gun laws.

The state Department of Health will compile a report on gunshot victims at New Mexico hospitals that includes age, race, gender and ethnicity, along with the brand and caliber of firearm involved and other general circumstances.

[LRRPF52]

Governors don’t have the authority to suspend pick-and-choose Amendments of the Bill of Rights.

The 2A is more important and essential during times of emergency, so enjoys even further immunity from tampering, as ruled after the Hurricane Katrina lawsuits where New Orleans sent LEOs door-to-door illegally disarming citizens and confiscating their arms.

NRA and Second Amendment Foundation filed lawsuits, and legislation was submitted and passed to make such actions illegal with the Disaster Recovery Personal Protection Act of 2006, signed on September 30, 2006 which became Public Law 109-295.

[grayfox]

As if the criminals will obey such a proclamation. If anything she needs to admit her regime has totally failed to secure the peace for NM, and resign, the whole lot of them. But then leftists never admit they were wrong, it's always the law-abiding's fault....

Impeach and remove the governor.

[jasper2408]

The Governor said that "No Constitutional right, including her oath to uphold the Constitution, is absolute". She is saying that in an emergency you have no rights unless she says so.

WOW!!!


Here is her press conference:

https://rumble.com/v3g6lpu-after-suspend...arms-.html

[grayfox]

The only surprising thing to me is that a hard-boiled leftist came out openly and stated what they all believe and try to do mostly under the radar. They have always thought this way.
You have no inalienable rights, given by God. You only have permissions, and that whimsical at best, allowed by the big Government.

Ladies and gentlemen, mark this down and don't forget it. This is how they think. Don't let them fool you!

[Old Bob]

There's already been a murder in Albuquerque since the Governor's gun ban. We all knew her edict wouldn't stop crime in our city. City cops & the county sheriff won't touch this with a 10 foot pole! Only State cops will make arrests if someone dares violate her majesty's proclamation. There's about half a million people here. How are the State cops going to identify whose carrying or whose not? Lawsuits have already been filed as well. Even a local anti-gun caucus says its a stupid move.

[jasper2408]

GOA files suit.

September 10, 2023

Washington, D.C. — Late Saturday evening, Gun Owners of America (GOA) and the Gun Owners Foundation (GOF) filed a federal lawsuit challenging New Mexico Governor Michelle Lujan Grisham’s gross and egregious violation of the U.S. Constitution through her “public health order” to unlawfully ban the carrying of firearms in Albuquerque.

The suit, and an immediate request for a temporary restraining order/preliminary injunction, were filed in U.S. District Court for the District of New Mexico.



Erich Pratt, GOA’s Senior Vice President, issued the following statement:

“This is the most dangerous type of government wielded tyranny—the claim by politicians that there are supposedly ‘exceptions to the Second Amendment.’ But, they are quite wrong, and tyrants like Michelle Lujan Grisham can’t trash the Constitution whenever they see fit. Gun Owners of America will stand firm and not rest until all those in New Mexico who played a role in this action are held accountable for this gross assault on our rights and our very system of self-government.”


Sam Paredes, on behalf of the board for GOF, added:

“The thought of elected leaders claiming they have the authority to unilaterally suspend rights guaranteed under the Constitution during a designated ‘emergency’ is truly terrifying, and the very reason we the people are guaranteed the right to bear arms. We’ve been saying for quite some time now that we will not rest until politicians fall in line with the law, but in this case, we would certainly hope that the people and lawmakers of New Mexico think long and hard about permanently removing this tyrant from office.”

[grayfox]

If the news I read is correct, that guv signed a law last year that says anyone can sue if somebody deprives them of a constitutional right, up to 2 million $$.
So I think about 1000 citizens in Albeq/county should file suit against her and the state govt, for depriving them of a guaranteed right under both US and the NM constitution.

She and whoever is bankrolling her should be immediately on the hook for what, 2 Billion dollars. O yeah, include that giffords group and Bloomberg, she would not have said this unless she expects them to put in big campaign $$$ for her. So they are aiding and abetting.
Maybe a RICO violation too.

According to SCOTUS analysis, the mere taking away of that right is immediate irreparable harm. No matter if it gets ended 30 days later, the mere fact of taking away that right is the harm.

Y'all call your lawyers!!!

[AZHTfreak]

Effing self-loathing IGNORANT white hyphenated Bolshevek limousine liberal married a politically correct surname and then said hey what do I do I don't want a real job? I know, I'll be a politician!

[AZHTfreak]

Don't get me goin on the WA-OR-CA societal locust swarms which have decended on AZ in general and Maricopa County in particular to devour our consistutional rights. Stupid drivers, even more stupid voters... QuidProFeebleJoe has a 37% + rating? JesusMotherMaryandJoesph it's a bona-fide Idiocracy. AZ governor = MouseFart Hobbs + Sen Kelly + Sen Sinema? I rest my case for IDIOCRACY.

[Old Bob]

Today there was a gun-owners rally in Old Town Albuquerque that blatantly defied the governor's decree by openly wearing firearms in public. No arrests! Not a State cop in sight! At least not in uniform ...

[jasper2408]

This court case is related to the NM case because it might determine a precedent whether State officials can make up Emergency Executive Orders to take 2A and other rights away. This case is happening in New York where the weasels that run that state spend all of their time on stuff like this.

New York attorney Bobbie Anne Cox single-handedly goes up against the State of New York this week, after the state appealed a New York State Supreme Court ruling that a so-called “quarantine camp” regulation (“Isolation and Quarantine Procedures”) issued by Governor Kathy Hochul was unconstitutional.

The order concerns quarantine of citizens by the state government. Like other states, New York already has in place laws regarding quarantine of the citizenry – laws duly passed by the elected state representatives. Those laws were crafted by legislators (whose job it is to do this work) and passed by a majority vote of both Assembly and Senate and signed by the governor. That law not only provides for protecting the public by use of quarantine, but also includes protections for individual rights.

There are problems with the governor’s action.

The executive branch does not have the power to make laws under the constitution. That is reserved to the legislature.

With one state executive branch taking power not given to them constitutionally, it creates a precedent that could be used similarly for other issues to violate the rights of citizens on a host of other issues – not only in New York, but in all the other states as well.

So, what is in this regulation, you ask? It has to do with quarantine of the citizenry. There is a history of government-mandated quarantine during times of epidemics in our country. Whether or not the existing laws have been misused against individuals is another debate (see the case of Typhoid Mary, for example, who was imprisoned for more than 23 years under the quarantine law of the time).

This governor’s regulation puts the power at the highest levels of the state government – centrally controlled. The governor’s regulation not only circumvents the legislature’s power and responsibility to enact appropriate laws for the citizenry, but it also takes that power beyond the local level, where it can most appropriately be considered, and completely fails to protect the rights of the individuals against misuse or mis-application by the state officials.

In this regulation, there is no requirement for the state government to prove that the targeted individual is infected, has been exposed to an infectious disease, or poses any actual risk to his/her fellow citizens. The application of the regulation is broad – not just limited to Covid cases. There is no limit regarding the age or medical condition of the individual (it could be imposed on a child or a very elderly person), and there is nothing specified as to the duration of the quarantine, or how that duration would be determined. Most concerning: there is no mechanism provided for the individual to be released.

During the initial court case, it was clearly stated that the only possible mechanism for release was for that individual to sue the state, unless the state officials decided to lift it of their own accord.

Under the provisions of the governor’s regulation, the state government can use law enforcement to forcibly remove citizens from their homes or businesses against their will to place them in unspecified quarantine locations for an indeterminate period with no mechanism for release!

This terrible infringement on citizens’ rights, however, doesn’t stop here. It sets a precedent for more executive branch overreach. If it is not overturned in the appellate court, it will embolden other governors to make more forays into the realm of executive usurpation of the legislative branch of government (see the recent NM Governor’s action to remove 2nd Amendment rights by executive order).

There is no doubt that those who take this type of executive action (Lujan Grisham in New Mexico and Hochul in New York) know that this is outside their scope of power within our governmental system. They also know that, until someone files a lawsuit and prevails against them, they have a period of time when these executive regulations and orders will be in place.

It is essential that the appeals court upholds the ruling in the case of this regulation by Governor Hochul – for the good of all the people of New York, but also for all of us in other states.

This passionate, articulate, brilliant lawyer is fighting for all of us.

And Bobbie Anne Cox has suffered for it. She has set aside her normal legal practice to pursue this effort and has been focusing solely on this case for an extended period. She has sacrificed valuable time with her family, spending countless hours in the maze of motions, filings, dockets, scheduling, and research that are part and parcel of the legal system with all its complexities. The work has been arduous, solitary, and, to some extent, thankless. If she wins the appeal, there is no financial benefit to her or any of the plaintiffs that will be realized.

She has no large staff of paralegals and junior attorneys assisting her to put this case together. She has not had assistance from her other colleagues in New York in fighting this battle.

And, because it has to do with complexities of the legal system, it gets little coverage in the media. Perhaps it is so difficult to imagine just why a state government even wants this type of power over the citizenry, that people find it very hard to grasp that it is really just what Bobbie Anne describes in terms of the potential abuse of individual rights.

No public outcry has occurred. No groundswell of support for her work has happened. And while many are supportive of the great work she has done and were so relieved when she won the case initially, the vast majority of people who stand to benefit from her work will never know they owe her a debt of gratitude.

On Wednesday, September 13, 2023 at 10:00 am EST (at the courthouse in Rochester, NY, located at 50 East Avenue), Bobbie Anne Cox goes forth as a sort of David to meet Goliath, depending on her knowledge of the law rather than a slingshot and stones. She is relying on the New York panel of judges to truly prove that there still exists blind justice in New York.

The merits of her case are clear – even to people not that familiar with the law. Basic Civics shows us the correctness of her contention. This is not a partisan issue. While she is representing Republican plaintiffs, she is not one herself.

If you are able to support her by physically attending the hearing, do so. Perhaps by your presence you can be a silent reminder to the court that New Yorkers are interested in this and are supportive of her efforts.

If you cannot be there in person, consider watching the oral arguments live on the court’s website at: https://ad4.nycourts.gov/go/live/. Please also keep her and the court judges in your thoughts and prayers and share this information with your circle of friends and colleagues.

May she prevail.

[montana]

The NM governor can now be classified to the level of biden/ fetterman in the art of logic and reasoning..Even cnn is questioning the Constitutionality of her executive action..https://www.youtube.com/watch?v=CLz3iJwW4T8

[FBOldCrow]

Today there was a gun-owners rally in Old Town Albuquerque that blatantly defied the governor's decree by openly wearing firearms in public. No arrests! Not a State cop in sight! At least not in uniform ...

You can bet she had someone there vidoetaping everyone and their vehicles if possible.

[LRRPF52]

New Mexico Attorney General and multiple Police Chiefs, Sheriffs, and DAs told the Governor they won’t support or enforce her unconstitutional edicts:

[video=youtube_share;8oAXyejLNSw]https://youtu.be/8oAXyejLNSw?feature=shared[/video]

[grayfox]

Federal judge just issued a temp restraining order preventing it from being enforced.
During the hearing he said: "The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury..."

Albuquerque residents: file those $2 million dollar lawsuits!!! Flood her with a couple thousand of them, $2,000,000 each!!!

[jasper2408]

The latest development:

President Joe Biden-appointed U.S. District Judge David Herrera Urias issued a decision Wednesday allowing New Mexico Gov. Michelle Lujan Grisham’s (D) ban on concealed carry in parks and playgrounds to remain in effect.

On September 13, 2023, Breitbart News reported that Urias granted a temporary injunction against Grisham’s September 8, 2023, ban, which prohibited concealed and open carry in larger New Mexico cities like Albuquerque. The ban applied to licensed concealed carriers, too.

On September 15, 2023, two days after the temporary injunction was granted, Grisham amended her ban on concealed and open carry, saying it applied only to carrying a gun in parks and playgrounds.

When Urias issued the temporary restraining order, he made clear it was to stay in place “until such time as the Court has ruled on the Plaintiffs’ motions for preliminary injunction, following a hearing at which all parties shall have the opportunity to present further argument to this Court.”

On Wednesday, Judge Urias issued a decision on the preliminary injunction request, siding with Grisham’s amended ban and suggesting that parks and playgrounds fall into a “sensitive places” categorization and are therefore “excepted from the Second Amendment’s commands.”

The case is GOA v. Grisham, No. 1:23-cv-00772-DHU-LF, in the U.S. District Court for the District of New Mexico.