💬 Discussion

New Mexico’s temporary gun ban is deemed unconstitutional

Friday, Sep 15, 2023

Images: CNN | Flickr

On Wednesday, a federal judge temporarily blocked an order issued last week by New Mexico Gov. Michelle Lujan Grisham (D) that suspended the right to carry guns in Albuquerque, calling it a violation of residents’ 2nd Amendment rights.

⏪ Some quick background: New Mexico, which is an open-carry state, has seen an uptick in gun violence in recent years. It currently has the third-highest firearm mortality rate among all US states, at 27.8 per 100,000 residents, with ~60% of such deaths attributed to suicide.

The trend has been particularly visible in Albuquerque, the state’s largest metro area, where a record 196 homicides have occurred since the start of 2022 (the vast majority of which involved firearms).

  • Last Friday, Gov. Grisham issued an emergency health order suspending the right to openly carry or conceal guns in Albuquerque for a 30 day “cooling-off period,” citing local firearm mortality statistics as well as the recent shooting deaths of three children.

The order sparked bipartisan backlash. Earlier this week, Albuquerque’s local county sheriff and the state attorney general – both of whom are Democrats – refused to enforce the governor’s order or defend it in court, saying it clearly violates the 2nd Amendment.

Republican state lawmakers also denounced the law as an infringement on the constitutional rights of New Mexico citizens, and called for impeachment proceedings against Gov. Grisham (which would require buy-in from Democrats).

👀 Looking ahead… Gun owners and civil rights groups have filed at least a half-dozen lawsuits challenging the Albuquerque gun ban, prompting Wednesday’s court order deeming the law unconstitutional and temporarily blocking it from being enforced while legal battles play out.

📊 Flash poll: Do you agree with NM Gov. Grisham’s emergency health order to suspend the right to carry guns in Albuquerque for a “cooling-off period”?

Yes

No

Unsure/other

See a 360° view of what media pundits are saying →

Democratic donkey symbol

Sprinkles from the Left

  • Some commentators argue that the executive order wouldn’t actually result in less gun violence if it was allowed to take effect, and that Gov. Grisham has alienated people who otherwise support her efforts by overreaching.
  • Others contend that it’s admirable for Gov. Grisham to want to take action to combat the ever-growing issue of gun violence among her constituents, but politicians can’t stand up for legal order while simultaneously violating said principles.
Republican elephant symbol

Sprinkles from the Right

  • Some commentators argue that Gov. Grisham’s gun ban is in clear defiance of Supreme Court precedent set as recently as last year, and sends a message that she’s unserious about governing and ineffectual at her job.
  • Others contend that Gov. Grisham’s order begs the question of whether Democrats are attempting to invent a way to subvert the Supreme Court, since the law so clearly flies in the face of very recent Court rulings.
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