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Saturday, September 9, 2023

Gov. Faubus Lives

 9/8/23 Associated Press:

SANTA FE, N.M. (AP) — 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.

This is not only contrary to Bruen but also directly contrary to the New Mexico Constitution's RKBA clause which struck down a ban on open carry in a police station lobby

When Arkansas Gov. Faubus decided to ignore Brown v. Board of Education (1954), President Eisenhower enforced federal law by sending the Army to enforce Brown. Our current president?  Not likely.  I am glad to see local police chief and sheriff refusing to obey an unconstitutional order.

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