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.