New Mexico disarms civilians for ‘public health’
New Mexico Governor Michelle Lujan Grisham last week declared gun violence a public health emergency and prohibited taxpayers from carrying firearms for 30 days after an 11-year-old boy was shot to death.
In an executive order Thursday, Lujan Grisham claimed the rising number of gunshot victims strains the state’s “already over-burdened healthcare system and places undue pressure on medical professionals and resources.”
After consulting with the Health Department, the governor determined that gun violence “constitutes a public health emergency of unknown duration, as defined by the Public Health Emergency Response Act.”
On Friday the governor banned civilian taxpayers in Albuquerque and surrounding areas from carrying open or concealed firearms for 30 days — a timeframe she said she might extend.
Lujan Grisham admitted to reporters she is unsure about her legal footing and possible constitutional violations.
“Now I am sure as I go through the rest of this, there will be a lot of questions about whether or not we think we have the legal right to do that. I am sure that before you write this, there will be a legal challenge,” she said. “And I can’t tell you that we win it given all of the different challenges to gun violence laws and restrictions on individual firearm access and control.”
But Lujan Grisham said that no constitutional right is intended to be “absolute” and neither is her oath to uphold the Constitution.
“No constitutional right, in my view, including my oath, is intended to be absolute,” she said. “There are restrictions on free speech, there are restrictions on my freedoms.”
“But wait a minute, you’re talking about crimes,” a reporter asked. “There are already laws against the crime. So how are their rights [inaudible] –?”
“But again, if I’m unsafe, who’s standing up for that right?” Grisham responded. “If this climate is so out of control, somebody should do something. I’m doing as much as I know to do.”
“Madam Governor, do you really think that criminals are going to hear this message and not carry a gun in Albuquerque on the streets for 30 days?” inquired another reporter.
“Uhhh, no,” she answered. “But here’s what I do think: it’s a pretty resounding message.”
Albuquerque Police Chief Harold Medina has said he will not enforce the ban, while Bernalillo County Sheriff John Allen said he is “uneasy” about its constitutional legality, according to the Associated Press.
Even some of Lujan Grisham's fellow Democrats and gun control advocates slammed the order.
“I support gun safety laws,” tweeted Rep. Ted Lieu (D-CA). “However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution,” he continued, adding that “there is no such thing as a state public health emergency exception to the U.S. Constitution.”
Gun control operative David Hogg echoed Lieu: “I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution."