SAF Files the Sixth Lawsuit Challenging Governor Grisham’s Suspension of Second Amendment Rights

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New Mexico Governor Michelle Lujan Grisham
New Mexico Governor Michelle Lujan Grisham

From SAF . . .

The Second Amendment Foundation has filed a federal lawsuit against New Mexico Gov. Michelle Lujan Grisham and four other officials on the grounds that the governor’s “emergency order’ prohibiting open and concealed carry in Albuquerque and surrounding Bernalillo violates the Second and Fourteenth Amendments of the U.S. Constitution.

Joining SAF are the New Mexico Shooting Sports Association, Firearms Policy Coalition and a private citizen, Zachary Fort, who resides in Bernalillo County. They are represented by Jordon George of Aragon Moss George Jenkins, LLP who has also filed a motion for a temporary restraining order and preliminary injunction. The lawsuit and motion were filed in U.S. District Court for the District of New Mexico.

In addition to Gov. Lujan Grisham, defendants are Patrick M. Allen, cabinet secretary for the New Mexico Department of Health; Jason R. Bowie, cabinet secretary for the New Mexico Department of Public Safety, and W. Troy Weisler, chief of the New Mexico State Police. They are all sued individually and in their official capacities.

“Despite her clams to the contrary,” said SAF founder and Executive Vice President Alan M. Gottlieb, “Gov. Grisham does not have the authority to ‘suspend’ the Second Amendment for an alleged public health emergency or any other reason. Neither do any of the other defendants, nor can they legally enforce such a suspension.”

“Evidently,” added SAF Executive Director Adam Kraut, “Gov. Lujan Grisham believes she can disregard the constitution to further her own political views. We’re taking action to stop this unconstitutional exercise of power in its tracks, because it is a flagrant violation of the right of individual citizens to carry firearms in public for personal defense.

“Our motion for a temporary restraining order and preliminary injunction will prevent the state from further causing injury to the plaintiffs and other citizens under this unlawful order,” Kraut added.

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  1. Since no Constitutional Rights are absolute why don’t we just suspend the 19th Amendment Rights of women for the duration of this emergency?

    • Wow what an idea. They wouldn’t be allowed to vote or hold public office meaning that the folks in NM can just go in and physically remove her from office as an illegitimate Governor

    • Governor Horeshack has no regrets and no shame. She’s not leaving office until she is physical removed from it.

      • It’s because she married into a NM political dynasty. Think Kennedy on a much smaller scale. She is probably pretty much untouchable.

  2. If they’d filed such suits several years ago on half a dozen or more other Constitutional grounds we probably wouldn’t be watching this shitshow today.

    • I mean we did but many of them were resolved at the lowest level possible to keep as much of the scamdemic going as possible here. Still have the concentration camps in play though.

  3. Grisham is having a difficult time finding anyone that will enforce her illegal and unconstitutional order. The APD and Mayor of Albuquerque and Sheriff have flat out said they will not comply with enforcing it. And apparently now (according to some unconfirmed leaking sources) the NM State Police and NM National Guard will not comply or not answering her about complying with enforcing it. She is asking the federal government to send in ‘federal law enforcement’ in some form (e.g. maybe FBI, ATF, deputized military troops), so I’m sure the tyranny elements of the Biden administration is trying to figure out how they can do this. Her strongest Democrat supporter in gun control in the NM legislature is asking her to rescind the order, and around half the Democrats in the NM legislature are talking with the Republicans about impeaching her.

      • A bonafide real term limit would include a LIFETIME maximum limit that can be served in all government roles. Then you have to leave.

        Politicians are like diapers. They both need to be changed. And for the same reason!

  4. I’ll repost something here for those of you who think this is “going somewhere” politically speaking.

    [In reference to the idea of the governor being impeached.]

    Much as I hate to say it, this is very, very unlikely.

    Such will require a special session or extraordinary session. The NM legislature is not professionalized, so it doesn’t meet all the time.

    The 2023 session ended in March.

    Democrats control the legislature, holding the state as a “trifecta” at this point. They run the House 44-25 and the Senate 27-15.

    A special session can be called by the governor or a 3/5ths majority of both chambers of the legislature as per the state constitution Art. IV subsection 6. They have to certify to the governor that, in their opinion, an emergency exists in the State and have a special session to deal with it. The governor then has five business days, plus a Saturday as needed, to get that underway. If she fails to do that then an “extraordinary session” can be had by the legislature itself. This dispenses with some rules that applied to “special session”. Such as session is limited to a period of 30 days unless there’s an impeachment to be dispensed with at the 30 day mark.

    Art. IV § 6:

    “Special sessions of the legislature may be called by the governor, but no business shall be transacted except such as relates to the objects specified in this proclamation. Provided, however, that when three-fifths of the members elected to the house of representatives and three-fifths of the members elected to the senate shall have certified to the governor of the state of New Mexico that in their opinion an emergency exists in the affairs of the state of New Mexico, it shall thereupon be the duty of said governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said legislature in extraordinary session for all purposes; and in the event said governor shall, within said time, Sundays excluded, fail or refuse to convene said legislature as aforesaid, then and in that event said legislature may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary self-convened session shall be limited to a period of thirty days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the state government, in which event the legislature shall be authorized to remain in session until such trial shall have been completed.”

    As I’ve said before, inside the confines of New Mexico politics, what she’s doing is actually rather adroit and seems fairly well planned.

    She’s on her second term, so she’s term limited and the chances she gets impeached and removed are slim to none. [Added] This is a chance for her to make some Lefty boni fides with basically no risk to herself.

    Starting to get it?[/Added]

    • We’re not dumb. We all get it.

      But at the same time, this must be seen all the way through to the end, be it death, taxes, hell, or high water.

      • For me to start to believe that the 2A community, and the Right more generally, are “not dumb” I’m going to need to see a notable uptake in demonstrably smart behavior.

        The individuals may be plenty smart but the herd doesn’t act like it.

  5. I think what Grisham has done is going to be a great thing for gun rights and the 2ndA.
    Just like the dumb laws New York keeps passing only to get shut down at the SC this will only strengthen gun rights.
    Keep em coming Dimtards!!!

    • According to a NM republican legislature member, their ‘articles’ of impeachment is in the drafting stage and has support from legislature democrats. So lets see where that goes.

      • Anyone who thinks you’re going to get 41/69 in the House and 25/42 in the Senate when the Dems control the House 44-25 and the Senate 27-15.

        With 100% GOP support you need to flip Dems to the tune of 16 (39% of the caucus) in the House and 10 (37% of the caucus) in the Senate just to have a hearing on this topic.

        Anyone who thinks this is realistic is so fucking high on hopium that they’re more likely to OD than a junkie shooting Fentanyl in the Tenderloin.

        • Apologies, 36% in the House and the first sentence was truncated by my loss of attention, it should read “…Senate 27-15 is engaged in wishful thinking”.

        • But you STILL MUST FOLLOW THROUGH. Otherwise, your party will be known as soft on crime. Or “just as bad as the other party”. Take your pick. There are a lot worse things than losing a battle, a war, a fight against some bad guys, or in a court or an impeachment vote.

          One of those worse things is to never have the intestinal fortitude to even try in the first place.

          I can stomach losing. But I couldn’t live with myself or even call myself a man if I let somebody who doesn’t want to fight for the right thing convince me to also not fight for the right thing.

          Nobody can take my man card away from me but me, by my own (laziness? weakness? cowardice?).

          We must follow this through all the way to the end. Yes, even if we lose.

        • When I realize that my attempt at a choke is about to get me arm barred, I withdraw the choke and look for something else.

          That’s because I like to win and I like my joints working properly. “See this through” in the courts and move on.

          The attitude you display here is exactly why the Right has been losing for 75 years and the Left controls every institution, huge swaths of private capital and business and 95%+ of the culture.

          Put the emo bullshit virtue signaling aside and fight smarter or you’re going to lose the same way you’ve been losing for decades.

  6. Do not be fooled by Gun Control democRats putting distance between them and the NM governor. The Rat Party knows Gun Sales are ongoing and they know The Truth About Gun Control is spreading. All their showboating is to make fence sitters believe they can trust Rats with the Second Amendment. .

  7. As someone said, she proved her anti-2A bonafides. Now comes the money and influence from Soros to take care of her.

  8. actually the right to bear arms is an absolute, there is absolutely no constitutional law that allows otherwise. the 2nd & 10th Amendments made it explicitly clear that the right shall not be infringed (for any reason) by any government the Feds, and via incorpration from the 10th Amendment (not the 14th) The States or the local municipalities, counties or cities.

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