It’s Hard to Tell What’s Greater, Michelle Lujan Grisham’s Arrogance or Her Contempt for the Constitution

By
Larry Keane
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35

New Mexico’s Gov. Michelle Lujan Grisham created a constitutional crisis when she published an emergency public health order banning law-abiding citizens from exercising their Second Amendment rights. Or she didn’t. She may have revealed that she’s nothing more than an emperor with no clothing.

Gov. Grisham issued a public health order that bans carrying firearms in Bernalillo County on public property. The ban is in effect for the next 30 days. She also ordered the state’s Regulation and Licensing Division to conduct monthly inspections of licensed firearm retailers to ensure compliance with all sales and storage laws.

Second Amendment Brick Wall

There’s just one problem – there’s a pretty important document that says that Gov. Grisham – nor any other public official – can’t unilaterally suspend rights belonging to “The People.” The U.S. Constitution’s Bill of Rights makes clear that certain rights are endowed by our Creator. Gov. Grisham is treating these rights as privileges that she can pluck away at her whim. She’s exhibiting her contempt for the Constitution, her oath of office, and New Mexico’s voters.

Violators could face civil penalties and a fine of up to $5,000, said a spokeswoman for Gov. Grisham to the Associated Press. Residents can transport guns to some private locations, including a gun range or gun store, so long as the firearm is locked in a container or rendered impossible to discharge with a locking device.

The governor might want to familiarize herself with the U.S. Supreme Court’s Heller, McDonald, and Bruen decisions. The Court has spoken on these issues and the bad news is the governor isn’t going to like the answers. Gov. Grisham admitted early on that she knew this flagrant maneuver would run afoul of the Constitution.

“I welcome the debate and fight about how to make New Mexicans safer,” Gov. Grisham said in a news conference. “I’ve warned everyone that we expect a direct challenge, probably as you’re writing this we’re getting a challenge, and that’s the way it should work.”

Except, she doesn’t believe that at all. She believes she’s the final authority and the citizens of New Mexico are her subjects, not a set of laws to which she must answer.

“No constitutional right, in my view, including my oath, is intended to be absolute,” she told media when asked of the order’s legality.

She’s stepping into a legal minefield. The Second Amendment is pretty clear – clear enough that even gun control advocates David Hogg and Ryan Busse, both representing organizations that salivate over the idea of banning entire classes of firearms, said she’s in unconstitutional territory. They agreed there is no public health exception to God-given rights. Congressman Ted Lieu (D-Calif.), no stranger to just about any gun control idea pitched in Washington, D.C., also agreed.

Gov. Grisham can’t just suspend constitutional rights willy-nilly, no matter how serious she claims she is about it. She also can’t force inspections on firearm retailers in New Mexico because the state lacks the authority to do it.

There is no New Mexico firearm dealer’s license, no New Mexico regulations covering firearm retailers and no New Mexico laws covering sales or storage by firearm retailers. The New Mexico Department of Health order directs the New Mexico Regulation and Licensing Division to “inspect,” but leaves out the fact there’s no New Mexico law regulating firearm retailers, which are already regulated by the Bureau of Alcohol, Tobacco, Firearms.

Faltering Support

Gov. Grisham’s insistence she has authority to wipe out Constitutional rights isn’t enchanting anyone in the Land of Enchantment.

Bernalillo County District Attorney Sam Bregman told media, “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.”

“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold,” Bernalillo County Sheriff John Allen said in a statement. “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.”

Albuquerque Police Chief Harold Medina was quick to disavow any responsibility for enforcing Gov. Grisham’s unconstitutional order.

“The governor made it clear that state law enforcement, and not [Albuquerque Police Department], will be responsible for enforcement of civil violations of the order,” he said.

Republican state Reps. Stefani Lord and John Block are now calling for her impeachment, citing her order as an infringement on New Mexicans’ Second Amendment rights.

“We made an oath, which is a promise that we swear that we’re going to uphold the Constitution, the rights of New Mexicans, and she threw that right out the window,” said Rep. Lord. Rep. Lord told Fox News that, “… she can’t just raise her hand one day and say, I promise to uphold this oath and promised to protect the people of New Mexico and the Constitution, and then just one day decide, oh, just kidding.”

“Our governor, she called for open season on law-abiding citizens by subverting the state and federal constitutions and laws of our state, and that’s something that needs to be remedied immediately,” said Rep. Block.

Second Time Offender

The governor’s arrogance and disdain for Second Amendment rights aren’t all that surprising. This isn’t the first time she’s tried to use emergency executive authority to unilaterally wipe out Second Amendment rights in New Mexico. Gov. Grisham was among several state governors, including – certain cities and counties in California,as well as Delaware,Massachusetts,Michigan, New Jersey, New York, Pennsylvania and Washington – that barred firearm retailers from opening during the COVID-19 pandemic in 2020.

NSSF secured the inclusion of firearm retailers and ranges as essential critical services, with federal guidance from the Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency. Gov. Grisham ignored that. It was then she showed her disregard for the Constitution. Gov. Grisham sent state police to shut down Calibers, a firearm retailer and range. She was sued and ended up revising her order rather than facing defeat in court.

This all goes back to what NSSF has said before, warning that gun control activist politicians would seize on a supposed “public health crisis” to infringe upon and do away with Second Amendment rights. Crime, though, isn’t a public health issue. It’s a criminal issue and a law enforcement issue. There’s no inoculation that would prevent criminals from committing crimes.

Publicity Stunt?

This could all be exceptionally dumb, or exceptionally needy for media attention. National Review’s Charles W. Cooke took a look and writes that there’s nothing in New Mexico’s laws, and certainly nothing in the U.S. Constitution, that would even hint at allowing this move that’s – let’s be honest – tyrannical.

Michelle Lujan Grisham moms demand action
New Mexico Gov. Michelle Lujan Grisham (AP Photo/Morgan Lee)

“If our elected officials were allowed to shelve our unalienable rights every time they believed that those rights were being abused by outlaws, then they wouldn’t be unalienable rights; they’d be privileges,” Cooke writes. “What a mountain of tyrannical stupidity she has built. I expect it to be short-lived.”

Gov. Grisham’s orders might not go away without the courts weighing in. At least six lawsuits have already been filed. They might not be the only ones. NSSF represents those firearm retailers that would be subject to Gov. Grisham’s unlawful inspection orders. The firearm industry trade association will meet the governor in court, if needed, to show her that she doesn’t wear a crown and her order is unconstitutional.

 

Larry Keane is SVP for Government and Public Affairs, Assistant Secretary and General Counsel of the National Shooting Sports Foundation.

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35 COMMENTS

    • It’s like the ultimate virtue signal.

      NM governor: “but what about the rights of the victims of gun violence in this city? We owe it to them to ban “bearing arms” for 30 days after this one murder.”

  2. “Republican state Reps. Stefani Lord and John Block are now calling for her impeachment, citing her order as an infringement on New Mexicans’ Second Amendment rights virtue signaling to the max knowing that the chances this will occur are <1%."

    Elon’s right. It’s amazing to watch the media talk about something you actually understand and realize that nearly everyone on all sides is totally full of shit.

    • Even if it has no chance of happening nor passing due to Donk control, why shouldn’t the Republicans push for impeachment?

      Should the legislators in NM just ignore the Governor’s actions?

      • Of course not but also don’t want to overhype it in a way that allows other more relevant issues (there are always several) to be ignored and go unnoticed by enough people to be effective.

      • [Disappeared repeatedly and the placed in the wrong spot. Ugh.]

        Because it’s a pointless waste of time that won’t do anything and will make the GOP look weak and inept, as they’re wont to do.

        FPC and others will almost certainly win this in court. The rest is theater for the plebs in the lower quintile of intelligence and the upper quintile of emotional dysregulation.

      • Ignoring Tyrants and the Tyranny they invoke is exactly what has gotten so many citizens Rights, delayed, denied, and destroyed. As well as those same citizens refusing to hold elected politicians to the Oaths they have taken.

        • The solution to tyrants is not to tilt at windmills.

          I’m tired of bullshit posing as “wisdom”. It’s fucking everywhere and it’s exhausting. The people pushing this bullshit mostly didn’t know New Mexico wasn’t part of Mexico until this past weekend. They can fuck right off.

          Or hey, keep listening to the national level grifters on TV and Social Media who only care about getting attention for themselves. It’s been working great so far, eh?

        • Nah. I don’t listen to lamestream news nor social media.

          I come here for my edumacation on firearm-related topics.

          I agree that impeachment is unlikely, but I can see value in going through the motions to draw more awareness to this kind of tactic, perhaps to discourage other authoritarians from taking up their own such efforts.

          It’s interesting that several Donk legislators are apparently speaking with Republicans about joining an impeachment, and that the senate leader is requesting the governor to withdraw her order.

        • What motions? Posting on X and jawing into a camera for KRQE? That’s about what they’ve got.

          Look, as I’ve pointed out elsewhere: The legislature isn’t in session until next year. Impeachment either has to be carried as a topic until next January or you need a special session.

          The governor isn’t going to call a special session to impeach herself so you need 3/5ths of each chamber to agree to have a special session just to get the legislature convened to talk about this.

          The Democrats control both chambers by large majorities. They run the House 44-25 and the Senate 27-15.

          You need 41 votes in the House and 25 in the Senate. Assume for a second that you have 100% GOP support (which, honestly, you probably don’t). That means you need to flip 16 House Dems and 10 Senate Dems. 37% of the Senate Democrat caucus and 36% of the House Democrat caucus.

          And you need that just to convene the special session to even jawbone about impeachment.

          This is about as likely as Alec Baldwin going to prison for the Rust shooting.

          In regards to removal from office, you’ve been outmaneuvered. All you will do if you push that topic is lose more. So, stop digging, hand off the shovel to someone else and start thinking about how to hit back in a way that matters.

    • Offhand I would say that she doesn’t believe that she was elected governor rather she thinks thay she was ANOINTED QUEEN of New Mexico. Next she might attempt to seek a higher office.

  3. New Mexico Constitution
    Article II – Bill of Rights
    § 6 Right to bear arms.
    Universal Citation: NM Const art II § 6

    No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms. (As amended November 2, 1971 and November 2, 1986.)
    More in depth information on New Mexico firearms Rights and Laws.
    New Mexico Concealed Carry Gun Laws: CCW & Reciprocity Map | USCCA 2021-11-02
    https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/nm-gun-laws/

    • Yet here I sit in PRoNJ watching from the sidelines knowing when they rewrote the NJ state constitution 80 years ago, they laughed and said why would we need a redundant second amendment at the state level. Now we are the idiots that encourage this idiocy. Hold the line NM.

  4. “There’s no inoculation that would prevent criminals from committing crimes.”

    I beg to differ.

    Inoculation of around 125 grains of lead and copper, with boosters as necessary, should do the trick.

    This has been confirmed by both the CDC and the FBI.

  5. Because it’s a pointless waste of time that won’t do anything and will make the GOP look weak and inept, as they’re wont to do.

    FPC and others will almost certainly win this in court. The rest is theater for the plebs in the lower quintile of intelligence and the upper quintile of emotional dysregulation.

  6. If our rights are not unlimited why don’t we just suspend the 19th Amendment while we are at it? With this mad woman as an example maybe none should be allowed to vote or hold office.

  7. So let’s say they pull a rabbit out of the hat, and she gets the bum’s rush. What’s the line of succession? Would it be worth it? You know, like the argument about impeaching Biden and getting Harris. Or going deeper, and getting McCarthy (worlds better than Biden, but that’s not saying much, and how much of the leftist crap would he actually undo?).

    • When they want to play this game hard, they do.

      Get rid of Agnew, replace with Ford and then force Nixon out and Ford becomes POTUS. It doesn’t even have to be pre-planned to be a good battle tactic.

      The uniparty doesn’t really want to get rid of Biden. Why exactly varies but the outcome is the same. There’s more than one way to skin a cat and the fact that they choose “none of the above” for decades on end is pretty telling.

      The real weakness of the GOP is the gullibility and laziness of its base. The Left organizes and agitates. They take bites at the apple and play a long game. The Right thrashes about in emotional response to repeated losses.

      Which is really fucking sad since the Left has all of their battle plans in writing, mostly in print since the 1970’s. But the Right doesn’t read this stuff and actually attacks anyone who does.

      I don’t much like to talk and I’m extremely loath to talk about myself but I’ll break the my rules to ask two questions:

      Remember when I correctly called the outcome of the Rust shooting in terms of Alec Baldwin the day after it happened, 18 months before the outcome was finalized? Ever wonder how I did that? The answer is pretty simple. I study my enemy and I happen to know this area of the country pretty damn well. Experience and “intel on the opfor” pay divvies.

      • Wow, I am fat fingering the shit out everything today.

        The above should read “I don’t much like to talk things up and I’m extremely loathe…”

  8. As a trial attorney, I do **so** hope that, if there is an evidentiary hearing on a motion for preliminary injunction, one of the plaintiffs drops a trial subpoena on the Governor and calls her as an adverse witness at the hearing.

    She truly is her own worst enemy. Her tactics of motormouthing and refusing to directly answer questions may work with sympathetic journalists, but it most definitely will not play in court. A good advocate will eat her alive.

    • Do you honestly think this is about this EO holding up in court? Do you think she cares if she wins or loses in the larger scheme of things?

      I get that you’re a specialist but you seem smart enough to know when a red cape is waving in the breeze that it’s smart not to be the bull.

      • She is a trial balloon for the other fascist States to game this out and see where the weakness is in the argument. Then the dotards in CA, NY, NJ, CO, MA, etc will have the data on how to make this work in those jurisdictions. She was put up to this by the Party, and will be sacrificed for the cause. Who do they have in her line of succession, this can’t be a completely one off idiocy on her part, surely she runs this by some sort of advisor. What else is happening down at her edge of the boarder that this could be distracting from. Think critically folks!

    • LKB

      ” A good advocate will eat her alive.”

      Make sure they buy at least a case of ‘Mrs. Dash.’

      I’m sure the meal is going to be made with rotten meat..

  12. Hogg etal are just worried that this will get litigated and make some really bad case law for future use of emergency orders—which leftist love.

  13. The state or national constitution do not figure in the thinking of people like this. These people live under the new constitution, the “Democracy” constitution they have been pushing for over a century. It is the constitution where simple majorities can strip people of formerly held rights. it allows emotion and quick action to occur without much thought or debate. They can manufacture consent. They use the media to support their false claims at the expense of the original constitution.

  14. Am i the only one that thinks she is a whiney little bi uh brat? Loosely translating her comment that the LE community won’t go along with her tyrannical edicts ‘cuz they ain’t Constitutional simply means she is throwing a hissy fit since she can’t get her way – it’s for the children, or something.
    Asked on other forums and afaik not answered – who killed those 3 innocent kids and what were the circumstances? I doubt it was a legal gun owner/carrier.

  15. The Governor is such a dimwit, there is no way she came up with this on her own. 100% this was a test to see if they could get away with it & how far they can get into the legal system before they are denied, all brought to you by the real power behind the presidency; bisexual crack-smoking Barry Obama & that evil witch Susan Rice. They will continue to slowly chip away at our 2nd Amendment rights until they are gone, or least they would have until Bruen. We are truly screwed if the death ☠️ cult communists get another four years to be in charge so start hitting up your local cemeteries to collect names for early voting registration and make sure to vote early & often. /s (Note: all comments in this post are /s=sarcasm and not to be taken literally so don’t tase me Mr. federal agent.)

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