In a letter to New Mexico Gov. Michelle Lujan Grisham, New Mexico Attorney General Raúl Torrez stated that he can not support the governor’s order to suspend the right to carry firearms and will not defend the gun ban in court. He cites the Second Amendment, as many other individuals and groups have, and disagrees over the governor making it a public health emergency.
"Though I recognize my statutory obligation as New Mexico's chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence," Torrez said. "Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster."
In the letter, which was sent on Sept. 12, Torrez laid out reasons why the order is at odds with the state and federal constitutions. The gun ban was put in place within the Public Health Emergency Response Act, which Torrez said “distorts that law's meaning,” as it was meant for the “imminent threat of exposure to an extremely dangerous condition or a highly infectious or toxic agent, including a threatening communicable disease.” He does not believe gun violence would fit under this, and even if it did, it still conflicts with the Second Amendment of the U.S. Constitution and Article II, Section 6 of the New Mexico Constitution.
Torrez also states in the letter that he understands the frustration with gun violence, but asked “whether the time and energy dedicated to [the Emergency Order’s] defense might be better utilized in the development of a comprehensive legislative response to the problem of gun violence for the New Mexico Legislature to consider during the upcoming session.”
Grisham announced the order to put a 30-day ban on the open and concealed carry of firearms on Sept. 8 in counties that meet a threshold of violent crime, which only Albuquerque and Bernalillo County did, The Hill reported.
Bernalillo County Sheriff John Allen, Bernalillo County District Attorney Sam Bregman, Albuquerque Mayor Tim Keller and Albuquerque Police Chief Harold Medina have all said that they will not enforce the ban, according to AP News. Many officials who have come out against the ban, including Allen, Bregman, Keller and Torrez, are all Democrats.
So far there are several lawsuits filed against Grisham and New Mexico Republicans have proposed starting the impeachment process against her, PBS News reported.
Grisham said that she felt compelled to act after three recent shooting deaths of children and two mass shootings in New Mexico in May, according to ABC News.
Torrez was sworn in as New Mexico attorney general on Jan. 1, Ballotpedia reported. He was previously Bernalillo County district attorney.
