Let’s get this straight from the start.
The ban on carrying guns in public in Bernalillo County for 30 days, instituted by Governor Michelle Lujan Grisham is unconstitutional. We do not need a scholar to interpret the Second Amendment to the U.S. Constitution.
Ratified on December 15, 1791, as one of nine other articles in the Bill of Rights, it reads “A well-regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear Arms, shall not be infringed.”
The number of cases challenging the amendment in the Supreme Court is voluminous dating back to 1876. Since then, there have been seven other cases in 1886,1939,1980,2008,2010,2016, and 2022. The Supreme Court Cases in 2008 and 2010 and 2022 reaffirmed the rights belong to individuals and that state and local governments could not infringe on this right.
The most ardent proponent originally was James Madison making the strongest argument for it in Federalist no. 46.
There has been debate over the wording of amendment challenging if the language only pertains to “militia,” but courts have agreed that individuals are also covered.
Governor Grisham has greatly overstepped her boundaries reacting either from emotions or in an effort to grandstand. Either way, the move has not gone over well.
There have been two shooting deaths of children in Bernalillo recently and she said she is responding to those senseless and horrific deaths.
But law enforcement is the place for this situation and others like it to be handled.
No Gun Grisham, as she might now be known, is not the person to confront gun violence by trying to override the U.S. Constitution. She could better spend her time enhancing the ranks of police officers and, by the way, encouraging judges to keep criminals behind bars.
There are those in New Mexico crying out to impeach her. Won’t happen.
More significantly some members of the Democratic Party have lined up against her and spoken out about their opposition.
Hats off to Rio Arriba’s State Representative from Alcade, Joseph Sanchez, who joined four other Democratic Party Conservatives criticizing the ban. Sanchez was joined by State Representatives, Ambrose Castellano, Harry Garcia, Patty Lundtrom, and Willie Madrid.
All five signed a letter which reads: “We concur with law enforcement leaders that these executive orders violate law-abiding citizens’ Second Amendment rights and would require law enforcement officers to infringe upon these rights, which could expose officers, police agencies, and communities to civil litigation. We agree that the Governor does not have the authority to disregard both the New Mexico Constitution and the U.S Constitution.”
We say, “amen,” to that.
The sheriff of Bernalillo John Allen has also joined the chorus against the governor.
She reportedly shot back, no pun, at him on social media.
“I don’t need a lecture on constitutionality from Sheriff Allen: what I need is action. What we need is for leaders to stand up for the victims of violent crime. We need law enforcement, district attorneys, public school officials, school leaders, and state agencies to use every single tool at their disposal to stop violence. Period.”
No Gun Grisham, if not the sheriff, then who should the state hire to familiarize yourself with the constitutions of this state and the nation?
If someone on your staff advised you to do this, fire them on the spot.
Your ban is unlawful and an egregious display of hubris on your part. It’s the move of a grandstander.
Rescind the ban, now, and save the state money from the lawsuits that will follow.
Admitting a mistake to our face as taxpayers is much better than having the courts throw egg on yours.
And go buy one of those pocket-sized copies of the U.S. Constitution. Read it, too.