New Mexico Sheriff and Officials Vow not to Enforce Unconstitutional Gun Ban

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New Mexico Sheriff Vows Not to Enforce Governor’s Gun Control Order, Sparking Controversy

The controversy over gun control measures in New Mexico continues to escalate as the sheriff of Bernalillo County, which includes Albuquerque, has declared that he will not enforce Governor Michelle Lujan Grisham’s recent executive order. The order, aimed at curbing gun violence, has drawn criticism from various quarters, with opponents claiming it infringes on the gun rights of law-abiding citizens.

Sheriff John Allen made his stance clear during a news conference on Monday, stating, “It’s unconstitutional, so there’s no way we can enforce that order. This ban does nothing to curb gun violence.” His refusal to enforce the order aligns him with the county’s top prosecutor, as well as the mayor and police chief of Albuquerque.

In response to the executive order, a gun rights group filed a federal lawsuit seeking to block its implementation. Other lawsuits challenging the constitutionality of the order have also followed suit. Critics argue that the governor’s actions infringe on the rights of law-abiding citizens.

Republican state lawmakers have gone a step further by proposing impeachment proceedings against Governor Lujan Grisham. However, such a move would require support from the Democrat-controlled Legislature. Republican state Representative John Block raised concerns about the order, stating that his constituents have voiced their opposition, deeming it “insane” and “unconstitutional.”

Amidst the controversy, a prominent Democratic state Senator and ally of the governor on gun control initiatives, Joseph Cervantes of Las Cruces, has urged her to rescind the public health order. Cervantes believes that an unconstitutional approach undermines the collaborative efforts needed to address gun issues and that the governor should focus on evidence-based solutions and addressing root causes of violence.

The National Rifle Association’s lobbying arm head, Randy Kozuch, expressed shock and called the order a “shocking” act. The American Civil Liberties Union (ACLU) also voiced concerns, suggesting that the order could lead to overzealous policing and privacy infringements. Lalita Moskowitz, litigation manager for the ACLU of New Mexico, stated, “This kind of approach leads to the over-policing of our communities, racial profiling, and increased misery in the lives of already marginalized people.”

Governor Lujan Grisham’s order applies to open and concealed carry in most public places, with exceptions for police officers and licensed security guards. Violators could face civil penalties and fines of up to $5,000. The governor cited recent child shooting deaths as a driving force behind the order, stating that it is time to address the “epidemic” of gun violence.

Support for the order has come from gun safety organizations, with Saira Rao, co-founder of Here4TheKids, praising Governor Lujan Grisham’s actions. She advocated for a permanent ban on guns and fossil fuels, calling it an inhumane failure to protect children.

Acknowledging New Mexico’s high rate of gun killings, the Catholic Church weighed in, asserting that the governor’s actions did not attack the Second Amendment. Santa Fe Archbishop John C. Wester defended Lujan Grisham, stating that she understands the law and has been consistent in addressing gun safety through legislation.

New Mexico has consistently ranked among the states with the highest rates of gun killings, and violent crime, particularly in the metropolitan Albuquerque area, has reached alarming levels. The city has seen record-setting homicide rates in recent years, with 2022 marking a new high of 120 people killed. This year, there have already been 76 victims as of September 8.

In response to the controversy, gun-toting protesters held a peaceful rally in Albuquerque’s Old Town, with another rally scheduled in the city center on Tuesday. Sheriff Allen, who was reportedly taken aback by the governor’s announcement, plans to work with lawmakers to address violence in Albuquerque. He stated, “I have to turn my irritation and anger into solutions.”

As the debate over gun control intensifies in New Mexico, tensions are running high between supporters and opponents of the governor’s order. The outcome of the legal challenges and the actions of state lawmakers will determine the future of gun control measures in the state.

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