The New Mexico Senate and House Republican legislative caucuses, the Republican Party of New Mexico, and gun rights advocacy groups recently filed a lawsuit against New Mexico Gov. Michelle Lujan Grisham for her gun ban. The ban was recently given a temporary restraining order by a federal judge, and the various groups who filed the lawsuit agreed that her executive orders were unconstitutional.
"We are filing in the New Mexico Supreme Court to continue the fight to defend our constitutional rights," House Republican Leader Ryan Lane said., according to a press release. "We cannot allow one political stunt to undermine a document that guarantees our rights and has been a beacon of hope for so many globally. We are confident that our State Supreme Court will expedite this request and make certain our fundamental freedoms still hold strong and are upheld. From day one, we have made it clear that action on crime should be taken up with the Legislature and not played out on national media under a stunt that was destined to fail."
According to a press release, the suit alleges that Grisham’s order wasn’t just unconstitutional, but was a misuse of the powers given to the governor through the Public Health Emergency Response Act.
Many believe, including New Mexico Attorney General Raúl Torrez, believe that the gun ban distorts the meaning of the Public Health Emergency Response Act. As reported in a previous story in the New Mexico Sun, Torrez said the law 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,” which gun violence does not fit under.
In a statement, Senate Republican Leader Greg Baca said that it is the goal of the group that the temporary restraining order that blocked the gun ban for 30 days, issued by U.S. District Court Judge David Urias, becomes permanent. He stated that “we will not let up the pressure until we ensure no New Mexican is subjected to the removal of their rights through executive order ever again.”
Republican Party of New Mexico Chairman Steve Pearce said that if they don’t hold Grisham accountable, “future politicians may exploit public health emergencies to implement any unconstitutional efforts they see fit.”
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. It applied to those carrying guns in public, not private property. It was done ostensibly in response to recent shooting deaths of children in New Mexico.
Many democrats spoke out against the ban as well. Bernalillo County Sheriff John Allen, Bernalillo County District Attorney Sam Bregman, and Albuquerque Mayor Tim Keller, all Democrats, said they would not enforce the ban, while New Mexico Attorney General Raúl Torrez, also a Democrat, stated that he would not defend the gun ban in court.
Several Republicans have called for Grisham to be impeached over her executive order.