Albuquerque DA Refusing to Enforce Governor's Suspension of 2nd Amendment Rights: 'Clearly Unconstitutional'
By Jack Davis
September 10, 2023 at 1:24pm
As a lawsuit is challenging the headline-grabbing order issued by New Mexico Gov. Michelle Lujan Grisham that banned legal gun owners from carrying their weapons in and around Albuquerque, a top prosecutor says he wants nothing to do with the edict.
On Friday, Lujan Grisham issued an order that had the effect of banning individuals from carrying guns in Albuquerque and Bernalillo County for at least 30 days. Lujan Grisham, a Democrat, said she issued her emergency health order in response to recent shootings that included the death of an 11-year-old boy.
Bernalillo County District Attorney Sam Bregman said Saturday that he, as with Albuquerque Mayor Tim Keller and Police Chief Harold Medina, would not enforce the order, according to the Associated Press.
As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional, he said.
This office will continue to focus on criminals of any age that use guns in the commission of a crime, he continued.
Bernalillo County Sheriff John Allen said he is queasy about the order.
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, he said.
As law enforcement officials backed away from the order, the first lawsuit was filed against it.
The National Association for Gun Rights and Foster Haines, a member who lives in Albuquerque, filed in U.S. District Court calling for the order to be immediately blocked.
Dudley Brown, founder and president of the group, said Lujan Grisham shattered the Constitution.
She needs to be held accountable for stripping the God-given rights of millions away with the stroke of a pen, he said.
One gun shop owner said he could not follow the logic of Lujan Grishams order, according to KOB-TV.
My initial reaction was kind of fear, because people that have through the concealed carry courses and spent the time learning how to properly handle firearms, theyre not the problem, said Ryan Burt, CEO of Calibers.
The individuals that are doing what theyre doing in our community, its horrific. Unbelievable. I dont even know what to say, and its those individuals that I dont believe are going to follow this order, he said.
Burt said his business has been wounded by the order.
Weve received hundreds of phone calls, people canceling their classes, people just not willing to come down because they dont understand whats going on. Normally, we would be pretty full on a Saturday. And as you can see, were not very full today. So its having an impact, Burt said.
Lujan Grisham told The New York Times that she was within her authority.
I have emergency powers. Gun violence is an epidemic. Therefore, its an emergency, she said.
When she issued the order, she said, No constitutional right, in my view, including my oath, is intended to be absolute, according to Fox News.
When asked if she expected criminals to follow her edict, she replied, Uh, no.
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Her final response was that she did not expect criminals to follow her orders.
This is prime evidence this Governor is out of step with reality.