![]() I am sure…there will be a legal challenge, 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….I think it's time to talk about the absoluteness of the discussion and the current court actions that suggest that the Second Amendment is an absolute right." "There are gonna be a lot of questions about whether or not we think we have the legal rights to do that. ![]() "The purpose is to try to create a cooling off period while we figure out how we can better address public safety and gun violence," she said at Friday's press conference. ![]() The Associated Press reports that Albuquerque Police Chief Harold Medina "said he won't enforce it, and Bernalillo County Sheriff John Allen said he's uneasy about it because it raises too many questions about constitutional rights." In a statement issued on Friday, Allen said "the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold." Grisham said state police would be charged with enforcing the order, which prescribes a fine of up to $5,000 per violation. The New Mexico Shooting Sports Association, a chapter of the National Rifle Association, said it planned to join the two other groups in challenging Grisham's order. And the state "is unable to rebut this presumption, because the regulation is not consistent with Nation's historical tradition of firearm regulation." The order "clearly and unambiguously violate the Second Amendment's protection of the right to 'bear arms' that 'shall not be infringed,'" the second lawsuit says, and "deprive law-abiding gun owners of their only means of self-defense from criminal attack while in public." Under Bruen, the first lawsuit says, the carry ban is "presumptively unconstitutional" because "the plain text of the Second Amendment" covers public possession of guns for self-defense. Both groups argue that Grisham's order plainly fails the Bruen test. That decision overturned New York's sweeping limits on public possession of firearms and established a constitutional test for gun restrictions, which the Court said must be "consistent with this Nation's historical tradition of firearm regulation." Gun Owners of America, along with another Bernalillo County resident, filed a similar federal lawsuit against Grisham on Saturday. Supreme Court's 2022 ruling in New York State Rifle & Pistol Association v. Yesterday the National Association for Gun Rights, together with a member who lives in Albuquerque, sued Grisham in federal court, arguing that her order flies in the face of the U.S. Grisham, a Democrat, says the carry ban is a necessary response to "recent shooting deaths of a thirteen-year-old girl on July 28, a five-year-old girl on August 14, and an eleven-year-old boy on September 6, as well as two mass shootings this year." At a press conference on Friday, she conceded that the order was apt to be challenged in court as a violation of the Second Amendment but added, "I welcome the debate and the fight about making New Mexicans safer." The order covers "cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021," a criterion currently met only by Bernalillo County. Grisham said "citizens with permits to carry firearms are free to possess their weapons on private property (such as at a gun range or gun store), provided they transport the firearm in a locked box, use a trigger lock, or some other mechanism that renders the gun incapable of being fired." The order, which lasts for 30 days but can be renewed, applies to concealed or open carry of firearms on public property, with exceptions for police officers and security guards. Michelle Lujan Grisham on Friday issued a "public health emergency order" that purportedly suspends the right to bear arms in Albuquerque and surrounding Bernalillo County.
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