National Assn. For Gun Rights Files First Suit Challenging NM Gov. Grisham’s Unconstitutional Carry Ban

:yawn:

RE: “Governor Grisham needs a copy of the Constitution and the Bill of Rights rushed to her office. Apparently she didn’t read them when she swore an oath to protect them.”

The US Constitution to people fixated on Gun Control is just another word for Doormat. NM Governor Michelle Grisham needs to see and smell where History Confirms her racist and nazi based Gun Control has been and leads to…

It’s not.

Remember the day after the Rust shooting when I said Baldwin would walk scot-free while everyone else here was frothing at the mouth that he was going to prison?

What did I say then? NM’s corrupt and tribal. He’s part of the tribe. A “good person”. He’ll face zero actual repercussions. That was the day after the shooting.

And in April this year, what happened? Oh, all the charges were dropped. Shocker. I wonder how the fuck I knew that a year and a half in advance?

What penalty did Baldwin pay? A 20 minute Zoom appearance in court and his lawyer’s fees. That’s it. As I said it would be.

People don’t seem to understand that basically the only differences between New Mexico and the original Mexico are that NM is cleaner and, officially, English is the language for NM.

KRP
Yep, she drew the short straw between her, Dimslee, Hochul, Whitmer, Newsome, etc.

Absolutely. This a test case. Soon other blue state governors will be abusing their emergency powers to do the same thing. She can’t be allowed to get away with this.

not Federal Marshalls. armed citizens.

“Federal Marshalls“?

Is that some kind of government department store?

Sure. She wants to replace Biden and keep Kamala from running.

Liberals like her drink so much of their own koolade, they believe they can do anything they please and she can unless the citizenry stop her.

Within NM it’s a smart game. I don’t know if her people consider national consequences, but considering her background they might.

If a filing is presented in state court it’s very likely going to get messy.

1. CCW and OC are not the same thing in NM. OC is protected by the NM Constitution while CCW is a creature of statute. She may have the authority to do this vis a vis CCW only. MAY.

Now, the rural areas around ABQ will present an interesting question of enforcement. There are areas that simply won’t enforce this. Others might. This is also where you’re most likely to see OC. It’s not uncommon in NM to see people OCing while riding a horse. Ditto motorcycles. Screwing with ranchers over this probably won’t happen but it might along the edge of a city like Tijeras, which is in the affected area.

So when you really think about this, CCW is pretty much unaffected because it will mostly go unnoticed. The chances that the stars align in this area for someone getting caught CCWing, being reported and then actually facing the cops is slim. So, it’s *illegal* but, IRL, who GAFs unless you have to shoot someone?

That leaves OC which might face spotty enforcement but almost certainly WILL face enforcement from APD. Also, APD is kinda known for a “shoot first, question later” attitude. This makes it less likely someone would OC as a form of protest because they know there’s an above average chance that they’ll die in a hail of bullets from APD.

And while it’s true that NM pulled immunity from the cops there’s a big question of if that applies here and if you’re dead how do the cops getting personally sued help you?

Quite obviously this has a chilling effect in the area most likely to produce people who would violate the order just to get standing to go to court because while they might not like the rule they probably would like to live to see it struck down rather than have their estate prevail in court.

Further, this is a statewide order but only applies to Bernalillo County and the city of Albuquerque, which is interesting for several reasons.

First, the major population center for ‘Burque is actually the northern ‘burbs. They’re not affected by this. Rio Rancho and Bernalillo (the city) are both in Sandoval County. They’re unaffected. This is also where you’d expect THE MOST pushback against this.

Since it’s a statewide order but only enforced in one area, can people from other parts of the state sue? Sure, but will they have standing? Maybe not.

Further still, Bernalillo County is fairly large and much of it is sparely populated and parts of if are federal land. That brings up jurisdictional questions. She IS part of the party that runs those lands right now and there are some, shall we say “odd”, relationships between Tribal Police and other LE depending on which rez you’re talking about. I’m not intimately familiar with the Canoncito Rez, but it wouldn’t shock me if they’re pretty much in bed with the State or County in multiple ways. To be frank, NM’s corrupt in favor of TPTB within the state and the Democratic Party.

Yet further, the time on this is obviously a nod to NM’s notoriously slow court system. Outside Federal Court I wouldn’t be surprised if you couldn’t get this in front of a judge before it expires. That would bring up a claim of mootness that a court might accept. In northern NM, that claim would likely prevail. In the South, probably not. In the affected areas, 50/50. But, again, in the areas where she’d be guaranteed to lose can you present an argument for standing that a court will accept? Maybe not.

There are no other ways to look at this: Within the confines of NM, legally and politically, this is actually a shockingly shrewd move to grab power. It’s Ben Ray style NM politics which, generally, they’ve gotten away with for many decades.

Purely politically, the idea that she’ll face consequences over this are close to zero. This woman put in rules that caused elderly people to have to stand in line for 10 hours in freezing temperatures to get groceries from Wal-Mart in Santa Fe (and other places) because Covid. These rules lasted for months and months. It didn’t really harm her politically to do that. Her use of the NMSP to enforce “border restrictions” because Covid also didn’t really hurt her.

NM’s an odd place and she has a magic name (Lujan). She’s as close to untouchable in NM politics as you can get without being Ben Ray himfuckingself.

All three suits were filed in DNM, and my understanding is that’s where the other major suits that are in process will be. (There may be other suits that have been filed in state court, but I haven’t heard of them. From the little I know of NM state practice, I agree that a state case is unlikely to move anything like one will in federal court.)

Tomorrow morning we should see who’s been assigned the filed cases, and whether they move quickly on the TRO.

There are basically no black people in New Mexico. The non-whites are nearly all Hispanic.

They also generally like the governor because she married into the Lujan family which is the center of political power in the state since before Moses descended the mount with tablets of law.

She’s got the name, she’s got the power base, she’s got the national party and, quite frankly at the power politics level, no one gives a fuck about blacks in NM because there might be a dozen in the entire state.

The big families in NM politics tell the tale. There’s Lujan, Ortiz, Pino and Ortiz y Pino.

You wanna play the race card in NM, you use Hispanics or you’re just wasting your breath.

I suspect the game is bigger than that.

The two things that jump out to me are as follows, in order of the probability I assign to them:

1. She’s testing to see what she can do with rolling emergency authority and believes she can do this because rolling authority got her everything she wanted with “covid” as a “public health emergency”. Why not this too?

2. Less likely, but possible: A longer game might be afoot here. The “paper of record” for professional pols like her is the Santa Fe New Mexican. Always has been.

When Ms. Grisham was first elected the paper produced a series of op-eds from “experts” suggesting that the governor should regulate OC out of existence and move NM to “CCW only” while making it much, much hard to get a CCW permit. This was openly stated to have the goal of limiting the number of people who can legally carry a gun significantly. Essentially, they wanted a NJ type model (which you will note, pretty much still stands).

TTAG covered the introduction of a bill that was meant to do this. The bill failed. However, the idea hasn’t died but the problems with it remain. OC is covered by Art. II, Sec. 6 of the NM Constitution. CCW OTOH, is created by statute.

What was being pushed, hard, by NM Lefties was the most difficult thing to do. Mostly, I think, at first this was due to ignorance of the structure of gun laws in NM. However, I know that this has changed because I personally informed them of the structure and how what they wanted to do required a Constitutional Amendment following the process laid out in the NM Constitution, which requires an Amendment to pass and then a year later a plebiscite to pass. This, as I pointed out, was a fool’s errand to even attempt because while popular in Santa Fe itself it wouldn’t be popular 10 feet outside the city.

And so, it wouldn’t shock me if what’s going on here is part of a longer game to try to create a situation where Art II, Sec 6 can be legally rewritten to allow for the legislature and governor to have more intrastate power over the carrying of firearms.

Since she got away with the same basic structure of regulation via “public health emergency” vis a vis the 1A and has paid no penalty for it at all, why not try it on the 2A?

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In either case, she doesn’t really care about the immediate enforcement. This is about centralizing power in the governorship since the NM legislature isn’t professionalized.

She suspended the 1A and the Privileges and Immunities Clause for over a year with zero consequences. No one on TTAG complained about those civil rights. More generally, no one seemed to really care. At all.

Why would she think she can’t do that again? What incentive system have we, as a people, provided her that would discourage this behavior?

None. We have provided none. Yet people wonder why the behavior continues. Odd, that. No one treats their kids this way.

“you CAN’T suspend constitutional rights, EVEN IN AN EMERGENCY.”

Actually, constitutional rights can actually be abridged, if martial law is declared. However, Lujan Stalin Grisham hasn’t even hinted at such a declaration, so, you’re mostly right.

The NRA’s influence in NM is about none. They’ve never had any.

Gary Johnson hasn’t been even a bit player in NM politics since 2018.

In either case, what they say matters somewhere between “very little” and “zero”.

You guys really don’t understand that NM is “old school” in ways you can’t really comprehend if you haven’t lived there. In some regards it’s still the middle 1800’s out there. In some ways that’s really nice. In other ways it sucks big hairy donkey balls.

Yes you live in a conservative majority state we got it but what relevance is that to states where that doesn’t apply.

Well said. These treasonous traitors are like bullies…. They will continue to do what they want until they are stopped.

“ when the people fear the government, there is tyranny …..WHEN THE GOVERNMENT FEARS THE PEOPLE, THERE IS LIBERTY”

maybe it’s time to cause these people to start losing sleep at night ……

Note: I am not proposing that a bunch of people run into the governors office and drag her out right now and I am not proposing the use of force to depose her right now and I’m not proposing a rebellion. The state legislature needs to attempt to remove her from office now, depose her. All means under law should be tried, and failing by using the law and being law abiding in following that law it comes down to the people if that be by ‘voting’ her out or as a last resort when all the other means have failed then being more forceful. Its the pattern and means set by the founders, and it is constitutional.

Tyrants must not be permitted to remain in power. The right to fight and remove tyranny is universal. For example, as stated in the Universal Declaration of Human Rights, adopted by the United Nations in 1948, “[I]t is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.” The Universal Declaration was influenced by the Declaration of Independence, in part due to the US delegation led by Ambassador Eleanor Roosevelt (who carried her own handgun for protection).

Inalienable rights are human rights, period. The Second Amendment is an inalienable right, no matter if one agrees that it is or not.

The Second Amendment does, however, reinforce the rule of law and anti‐​tyranny structure of the US Constitution, by ensuring the government cannot disarm the people (for example like Grisham is trying to do here). It even has a specific order to government (which includes state governments as well) to not disarm the people and that order is ‘shall not be infringed’ – its says specifically ‘shall not be infringed’. Any ‘government’ entity be it state or federal that acts contrary to that order is an enemy of the constitution and the people and is a tyrant.