The hearing on a motion for a temporary restraining order in the Gun Owners of America lawsuit — Donk v. Grisham — challenging New Mexico Governor Michelle Lujan Grisham’s unconstitutional suspension of Second Amendment rights is scheduled for 11:00a tomorrow morning. The case has been assigned to United States District Judge David Urias, an Biden appointee.
Earlier today, Bernalillo County Sheriff John Allen, who had initially been, well, noncommittal about Grisham’s unconstitutional power-grab, spoke to the media and said, in no uncertain terms, that his office will not enforce the Governor’s diktat.
Here’s the video of the press conference! Wow 😮 pic.twitter.com/NREe71lpWo
— Rep. John Block (@RepBlock) September 11, 2023
Again, precisely zero local authorities in Bernalillo County and the city of Albuquerque have supported Grisham’s “public health order” carry ban. And while she’s claimed that the New Mexico State Police will enforce her order, they did nothing about a protest in the city yesterday during which hundreds of openly armed individuals peacefully told her precisely what she can do with her order.
Members of her own party in the New Mexico Legislature are now asking her to rescind her clearly illegal executive order…that’s how big an embarrassing disaster Grisham has created for herself and her party in the state.
Having passed key gun safety laws working with her administration, I call on the Governor to rescind her order outlawing arms. An unconstitutional approach undermines the important collaboration gun issues deserve, and the important role of a Governor to lead genuine reforms.
— Sen. Joe Cervantes (@SenJoeCervantes) September 11, 2023
This afternoon, the NSSF issued the following advisory to the Governor . . .
NSSF, The Firearm Industry Trade Association, is warning New Mexico Gov. Michelle Lujan Grisham to not attempt to enforce her Public Health Order requiring the state’s Regulation and Licensing Division to conduct monthly inspections of licensed firearm retailers to ensure compliance with all sales and storage laws, in addition to unconstitutionally banning the Second Amendment right to bear arms in public spaces.
“There is no other way to say it other than the entire order is blatantly unlawful,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “New Mexico’s governor does not have the authority to suspend rights protected by the Constitution for a falsely-labeled public health crisis. No where in New Mexico statute, or in regulations, does the authority exist for state officials to inspect firearm retailers. This order is devoid of any legal basis and the government of New Mexico should reconsider taking action on this unlawful order.”
There is no New Mexico statute, nor any New Mexico regulations, on compliance or storage requirements. Firearm retailers in New Mexico are heavily regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and are subject to federal laws and regulations governing the lawful and constitutionally-protected commerce in arms. New Mexico’s governor and the state Regulation and Licensing Division have no authority over the federal agency’s regulations.
Therefore, any such state “inspection” would be standardless and disrupt and harm the business operations of licensed dealers who are regulated and inspected by ATF. Should the state attempt to inspect any federal firearms licensee in the state pursuant to this unlawful order, NSSF will immediately file a legal challenge to enjoin this unlawful conduct.