Governor’s Gun Control Order Sparks Outcry and Legal Battles in New Mexico

Outrage over New Mexico governor’s temporary gun ban

Albuquerque, N.M. — Democratic Governor Michelle Lujan Grisham of New Mexico has ignited a fierce battle of words, lawsuits, and protests after issuing an emergency order aimed at suspending the right to carry firearms in most public places around Albuquerque for a duration of 30 days.

The move, which Lujan Grisham announced last Friday, has drawn strong opposition from gun owners, Republican lawmakers in the state, and civil rights advocates. Surprisingly, even some members of her own party have raised questions about the order.

Bernalillo County Sheriff John Allen, who oversees the area encompassing Albuquerque, declared on Monday that he would not enforce the order, echoing the sentiments of the county’s top prosecutor, Albuquerque’s mayor, and the city’s police chief. Sheriff Allen cited the order’s unconstitutionality, stating that it would do little to address gun violence.

Within just 24 hours of the order’s announcement, a gun rights group filed a federal lawsuit seeking to block its enforcement, and additional lawsuits soon followed. Critics argue that the order infringes upon the Second Amendment rights of law-abiding citizens.

In a surprising move, Republican state lawmakers have also proposed initiating impeachment proceedings against Governor Lujan Grisham, a move that would require support from the Democratic-controlled Legislature.

Republican State Representative John Block of Alamogordo, representing a conservative stronghold in southern New Mexico, voiced the concerns of his constituents: “My constituents have reached out to me in droves, emailing and texting me that this is insane, this is horrifying, this is unconstitutional.”

Despite these challenges, Governor Lujan Grisham, a former congresswoman who began her second term in January, cannot immediately run for another term.

A key legislative ally of the governor in the realm of gun control initiatives, Democratic State Senator Joseph Cervantes of Las Cruces, urged her to reconsider the public health order, emphasizing that an unconstitutional approach undermines the collaborative efforts needed to address gun-related issues.

Randy Kozuch, head of the lobbying arm of the National Rifle Association, labeled the order a “shocking” exercise of “administrative fiat,” while the ACLU expressed concerns about potential overzealous policing and infringements on privacy.

Lalita Moskowitz, litigation manager for the ACLU of New Mexico, stated, “This kind of approach leads to the over-policing of our communities, racial profiling, and increased misery in the lives of already marginalized people.”

The order, which applies to both open and concealed carry in most public places, is linked to a threshold for violent crime rates currently only met in metropolitan Albuquerque. Police and licensed security guards are exempt from the order.

Violators could face civil penalties and fines of up to $5,000, according to gubernatorial spokeswoman Caroline Sweeney. However, residents may still transport guns to certain private locations, such as gun ranges or gun stores, provided they are secured with a trigger lock, rendering them incapable of firing.

Governor Lujan Grisham cited recent child shooting deaths as her motivation for the order, declaring, “It is time to declare an end to this kind of violence. It is, in fact, an epidemic.”

Among these tragedies, she highlighted the August shooting death of 13-year-old Amber Archuleta in northern New Mexico’s Taos County. Amber’s father expressed his support for the order, stating that his family had been shattered and seeking answers and solutions to the issue.

Gun safety organizations, including Saira Rao, co-founder of Here4TheKids, a group advocating for banning guns and fossil fuels, praised Governor Lujan Grisham’s actions and hoped they could be made permanent.

In addition, the Catholic Church voiced its support for the governor’s stance on gun safety. Santa Fe Archbishop John C. Wester clarified that Lujan Grisham was not attacking the Second Amendment but rather addressing gun safety through legislation.

According to a nonpartisan Pew Research Center analysis based on death-certificate data from the Centers for Disease Control and Prevention, New Mexico was among the five states with the highest rates of gun killings in 2021. The state recorded 11.7 killings per 100,000 people, just below Alabama, Louisiana, Mississippi, and the District of Columbia.

Violent crime, particularly in metropolitan Albuquerque, has been on the rise in recent years, with homicides reaching record levels. In 2022, the city set a new record with 120 homicides, according to police data. As of September 8 this year, there have been 76 victims.

Gun rights advocates have organized peaceful protests in Albuquerque’s Old Town area, with another scheduled for the city center. Sheriff Allen, who felt blindsided by the governor’s announcement, plans to push for a special legislative session to address violence in Albuquerque.

“I have to turn my irritation and anger into solutions,” Sheriff Allen said.