New Mexico governor sued over her ban on guns in Albuquerque

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The National Foundation for Gun Rights, the legal wing of the National Association for Gun Rights, has sued the governor of New Mexico after she ordered that all who carry guns in Albuquerque are committing a crime, except for those weapons that are carried by the police.

Late Friday, Gov. Michelle Lujan Grisham ordered a 30-day ban on open and concealed carry of firearms in public places in Bernalillo County, where 50% of the population is hispanic.

Grisham called gun violence a public health emergency, but critics say the real problem is the Democrat governor’s soft-on-crime policies.

Grisham also said she will be sending New Mexico State police officers to the city to enforce what she calls a “civil order.” Violation of her gun ban would be considered a misdemeanor, and subject to a fine of $5,000.

Albuquerque resident Foster Haines, who is a member of the National Association for Gun Rights, is the lead plaintiff, arguing that Grisham has violated the Second Amendment of the U.S. Constitution. The lawsuit refers to a U.S.Supreme Court decision this year that ruled against New York’s concealed carry law.

Sheriff of Bernalillo County John Allen, who is generally anti-gun and endorsed by Everytown/Moms Demand Action, is not sure he can enforce the order:

“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” he 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.”

The Albuquerque Police Department issued this statement: “The governor issued a 30-day state order that limits gun possession in Bernalillo County, including the City of Albuquerque. The governor made it clear that state law enforcement, and not APD, will be responsible for enforcement of civil violations of that order.” 

The district attorney in Albuquerque, appointed by Grisham, is also not on board with the governor.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional. This office will continue to focus on criminals of any age that use guns in the commission of a crime,” said Bernalillo County District Attorney Sam Bregman, a former party officer for the Democrats.

The governor also ordered monthly inspection of firearms dealers across the state and other measures. Since 2019, Grisham has signed several bills advanced by Democrats that reduce the citizens’ access to firearms, including a “red flag” law in 2020 that allows police to take guns away from people they believe are a threat to themselves or others.

18 COMMENTS

  1. This lady is stupid, and so are the people that advised her this was a good idea and legal.

    These are the type of people who should help lower their carbon footprint by forever sleeping themselves.

    • Right on! The idiocy of throwing crap at the wall to see what people will put up with from government showed it’s ugly head during the Covid tyrannical edict experiment. More people are aware that government is not on their side anymore,

  2. Filed Suit? Someone filed a lawsuit? give me a break. Since she has clearly committed a criminal offense how about arresting her and charging her with the crime?

  3. She may be a zealot, but she’s not stupid. She knows this won’t fly.

    She’s wanting to up her profile and the left is curious how much it can get away with.

  4. The left will not stop until they have our guns.

    More, they aren’t trying to win the game in one action. They are boiling the frog slowly.

  5. This governor is the perfect example of a politician who thinks she is allowed to break the law to rule over her “subjects”. When asked whether it’s “unconstitutional” to order Americans not to exercise their right to bear arms she replied “No constitutional right, in my view, including my oath, is intended to be absolute,”. When asked whether she believed criminals would follow her orders on the 30-day suspension. “Uh, no,” she responded. So she is admitting her orders not to exercise their right to bear arms are ONLY for law abiding citizens, not criminals, since in her own admission they won’t be following her orders.

    • She’s not a “politician” – just a petty wannabe tyrant in love with power. Megalomania always disdains limits – the Constitution and their oath to uphold it – to their power fantasies. This isn’t just a libtard, she’s mentally ill.

  6. With the Biden crime family in charge her ignorance and obvious disregard for the constitutional rights of citizens seems like not such a big deal anymore in comparison to the s**tshow at the whitehouse.
    Not only is she trampling the law abiding citizens she is enabling the outlaws who care less other than know they will have less opposition to armed robbery kidnapping car jacking rape etc.
    Not to mention tying up the courts and attorneys tax payers are on the hook paying for….but she WAS elected so this is how they learn who their choice really is.
    Sadly they were mislead as we all have been at some point.

  7. Even under martial law (which the Alaska Constitution grants the Governor power to declare – Art. III, sec. 20), constitutional rights may not be suspended:
    “Does the Constitution apply under martial law?
    Yes. The federal government is bound at all times by the Constitution. Even under martial
    law, the government cannot suspend or violate constitutional rights. Additionally, martial
    law declarations are subject to judicial review. For example, if the federal government
    places a state or territory under martial law, individuals detained by the military can ask a
    federal court to order their release by petitioning for the writ of habeas corpus.
    Subsequently, if a court considers the petition, it can decide whether the declaration of
    martial law was constitutional in the first place.

    Can states declare martial law?
    The Supreme Court has held that individual states have the power to declare martial law —
    and such a declaration is valid simply if it is authorized by the constitution or laws of the
    state. States have declared martial law far more frequently than the federal government.
    However, even under martial law, state officials are bound both by the U.S. Constitution
    and by valid federal laws. Additionally, individuals can challenge a state declaration of
    martial law by seeking injunctive relief in federal court — and if they are detained, they can
    petition for the writ of habeas corpus.” – ‘https://www.brennancenter.org/our-work/research-reports/martial-law-explained#:~:text=Does%20the%20Constitution%20apply%20under,suspend%20or%20violate%20constitutional%20rights.

  8. The only thing they have left is to declare gun violence a health emergency. Group it in with Climate Change. If people don’t obey, they could be authorized to bring in the UN.

    • If Biden allowed UN troops on American soil in this kind of circumstance, he would trigger everything from a Constitutional crisis to starting a civil war.

      Even Biden isn’t that stupid.

  9. A bullet went whizzing past my son’s head when he was out getting wood. He hid and investigated where it came from and it was State Troopers shooting at him. Two State Troopers came to a friend’s door recently telling him there was someone in the neighborhood shooting. He got on camera the same State Troopers shooting in the woods near his home. I think they should take the guns away from the Policy Men too.

  10. A violation of the constitution of our country is treason. Might I suggest a public hanging. I got a good feeling the back lash from this stupidity is going to be awesome.

    And here she is with HER security detachment armed to the teeth. But hay all you piss ants can’t protect your friends and family. So says the queen of New Mexico.

  11. LOL, since when do Governors or Presidents make laws? That is the Congressional branch to make and then signed by the executive branch. Orders are not laws and as such do not have any weight behind them.

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