A Glimpse of Sanity? – Federal Judge Blocks New Mexico Governor’s Gun Ban Effort Using “Public Health Emergency”


Posted originally on the CTH on September 13, 2023 | Sundance 

I try not to cuss much, but I will admit when New Mexico Governor Lujan Grisham declared a “public health emergency” then issued a regional gun ban for the Albuquerque area, I was cussing quite a bit.  I was cussing because this approach was instantly predictable, as the result of Americans allowing various governors to take control over free-range citizens during COVID-19 by declaring the same “public health emergencies.”

Thankfully, there was a massive backlash from citizens, local law enforcement, state law enforcement and the New Mexico Attorney General’s office.  Now, fortunately, a federal judge has stepped in and blocked the unconstitutional gun ban.  The blood pressure lowers a bit, but we have got to be on guard for the next test; they won’t quit.

New Mexico – A federal judge on Wednesday temporarily halted a 30-day order from New Mexico’s governor suspending the open and concealed carrying of guns in the Albuquerque area that had sparked bipartisan condemnation.

[…] During the hearing, U.S. District Judge David H. Urias, an appointee of President Joe Biden who took his seat on the bench last year, indicated that the numerous Supreme Court precedents on the Second Amendment suggested that the governor’s order would cause irreparable harm to citizens seeking to exercise their gun rights. Thus, he said, he had to issue a temporary strike of the ban — a move that does not rule on its merits.

“To be honest with you, I think you have kind of a hard road here to get up,” Urias told Holly Agajanian, the attorney for the governor’s office defending the rule.

In briefs and during Wednesday’s court session, lawyers for the various gun rights groups argued that Lujan Grisham and her administration went far beyond constitutional powers in issuing the order.

“The Second Amendment has no exception. It has no part of it that says as long as the state governor can issue an emergency, you’re allowed to take our citizens’ firearms,” Jason Bowles, an attorney representing the National Association for Gun Rights, said during the hearing. “There’s no historical evidence of that. There’s no support for it.”

[…] The court will hold a hearing to evaluate the merits of arguments on the rule on Oct. 3, Urias said on Wednesday. The temporary restraining order will extend until then, even though it would normally be limited to 14 days. The extension was accepted by both parties because counsel on both sides did not have availability for a court date within that two-week time frame.

The judge specifically enjoined two sections of the executive order that restricted gun use. Other parts of the governor’s order not in contention included instruction for various state agencies to analyze the sale and use of guns in New Mexico and monitor the presence of illegal substances such as fentanyl in the wastewater. (read more)

Gov. Michelle Lujan Grisham Says “Her Duty to Uphold the Constitution is Not Absolute”


Posted originally on the CTH on September 9, 2023 | Sundance 

After declaring a “Local Health Emergency” to ban the carrying of firearms in/around Alburquerque, New Mexico Governor Michelle Lujan Grisham explains her position by saying the rights of crime victims supersede the constitutional rights of all New Mexico citizens.  Victimhood defines the constitution now.

Additionally, the Democrat Governor announced that her oath to uphold the constitution is not absolute. {Direct Rumble LinkWATCH:

I guess an argument could be made that we should all be getting used to the insanity that surrounds the Democrat worldview, but this is just remarkable in the extreme. This is a test for the people in New Mexico. It will be interesting to see how the citizens react.

Accepting COVID Dictates Has Consequences – New Mexico Democrat Governor Now Uses Same “Public Health Emergency” To Ban Firearms


Posted originally on the CTH on September 8, 2023 | Sundance 

This, THIS RIGHT THE F**K HERE, is exactly what you, me, and everyone with a logical brain was talking about back in 2020 and 2021 when the various state governors were using “Public Health Emergency” declarations to rule by unilateral fiat and remove constitutional and legislatively enacted rights.

THIS STORY, happening right now in Alburquerque, is a direct and specific outcome of NOT PUSHING BACK in ’20/’21 and allowing governors to take control without legislative approvals.  The governor has just declared gun possession unlawful, under the auspices of a Public Health Emergency.”

Folks, they are testing the waters, and there needs to be an immediate lawsuit and injunction.

(Via AP) –  ALBUQUERQUE, N.M. (AP) — New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency public health order that suspends the open and permitted concealed carry of firearms in Albuquerque for 30 days in the midst of a spate of gun violence.

The Democratic governor said she is expecting legal challenges but felt compelled to act in response to gun deaths, including the fatal shooting of an 11-year-old boy outside a minor league baseball stadium this week.

The firearms suspension is tied to a threshold for violent crime rates that only the Albuquerque area currently meets. Police are exempt from the temporary ban on carrying firearms.

Lujan Grisham said the restrictions “are going to pose incredible challenges for me as a governor and as a state.”

“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference, flanked by leading law enforcement officials, including the district attorney for the Albuquerque area.

Lujan Grisham referenced several recent shootings in Albuquerque. Among them was a road rage shooting Wednesday outside a minor league baseball stadium that killed 11-year-old Froyland Villegas and critically wounded a woman as their vehicle was peppered with bullets while crowds departed an evening game. (read more) 

Do not be naive enough to think this is not being coordinated with the people in control of the White House.  There is ZERO chance this is an independent decision by the New Mexico governor, ZERO CHANCE.

Now…. Connect the dots. YESTERDAY

White House – […]  “The actions of persons who commit, threaten to commit, or support terrorism continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States. For this reason, the national emergency declared in Executive Order 13224 of September 23, 2001, as amended, and the measures adopted to deal with that emergency, must continue in effect beyond September 23, 2023. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to persons who commit, threaten to commit, or support terrorism declared in Executive Order 13224, as amended.”

This notice shall be published in the Federal Register and transmitted to the Congress.

JOSEPH R. BIDEN JR.