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)
Yes this is a serious attempt and major trial balloon at a major Civil Rights Grab. However, this move goes beyond the efforts of the NM Governor.
The following is a reminder of “evidence” and “witnesses” that may appear if this goes to Federal Court.
The US AMA has declared guns to be a “Public Health Safety Hazard.”
The US CDC has also gone on record declaring guns to be a “Public Health Safety Hazard.”
There are other “Medical Associations” that would make themselves available to support the “Public Health Hazard” angle. Another fact we learned during the Shamdemic is the depth of corruption that has taken hold among the US Medical Profession.
This effort and trial balloon may or may not be over. It is now a matter of the willingness of the NM Governor and her allies to go forward with this attack via the Public Health issue. During the Shamdemic, the support of the Corrupted US Medical Establishment was used as cover by Governments to suspend our rights, with more than a few judges siding with the government.
Just read your post, my own is very similar to yours. No plagiarism intended.
Amen. You are spot on.
My theory on the AG of New Mexico writing the letter putting the smack down on the Butterball, finger pointing, arrogant, beotch of a Governor is that her 2 terms as the selected governor of New Mexico she has stepped on a lot of toes with her power hungry liberal rage. I suspect she pulled a power play on the AG and he had opportunity to deliver a little pay back. When he said he would not defend her in court was a way of him retaliating against her. He basically told her MY Turn.
I have stated here that this woman’s family has been stepping on New Mexicans for what is now generations. Hopefully, New Mexicans will finally wake up and send them on their way.
Sundance, It gladdens my heart to see so many New Mexicans openly defying the wannabe czarista’s dictates. This was a trial balloon by the left and there will be more of these. We shall see if other sheriffs, and DAs will so openly defy a czarist governor in the future. Colorado comes to mind as perhaps the next state to try this.
I hate to be the rain on anybody’s parade, particularly in the face of seemingly good news, but I have to say that I’m very suspicious. Some of that is my nature, I’m certain, but most of it is due to…history. I’m looking at all of this, and what I see is an executive order that seems idiotically drafted in such a way that it will be whooped pretty quickly, however, if it is appealed all the way up, I wonder if they’ve figured out how to control Coney-Barrett, and thus we will again be betrayed. Roberts, Coney-Barrett, and the three corrupt leftist women(one of which can’t define “woman.”)
Don’t be shocked or surprised if there’s something going on here.
Yes, beware of thinking that the fake “Conservative” court would declare an obviously unconstitutional ukase to be in fact unconstitutional!
We live in KafkaLand right now in Orwell’s Neighborhood where the Red Queen is the head of the H.O.A. : nothing can be trusted to be what it seems to be!
Judge intimates that his order is due ONLY to legal precedent, and that his hands are tied?
That’s not very encouraging, but does confirm he is indeed a Biden judge.
And why the need for a hearing on the merits when there are no grounds for suspending 2A? I fear this judge may take the opportunity to
add nuance to a starkly unnuanced 2A, thus creating a ruling that might open some doors for
certain contingencies if and when they appear, and giving other governors a legal basis for
further restricting 2A rights.
They tell us that Age is just a number & as you get older you get weaker & lose some of your youthful qualities.
However, it is all relative & the best example is the energy & cognitive ability of Donald Trump versus the total lack of energy & cognitive failure of Joe Biden
For a change, New Mexicans made me proud of my home State with the way they stood up to this Gubmint bs. It started with a gun rights demonstration in Old Town Albuquerque by only about 50 gun owners. The people clearly decided to side with the gun owners. Maybe there is still a glimmer of hope for New Mexico!
Hard dope and it’s fallout are New Mexico’s biggest problem, period. After all the illegals, of course.
This was the BIG TEST RUN!!! To see just how far our rights could be stripped before trying to lock us down again. I’m sure she was promised a position in the Biden Admin. or lots of money so she could be Impeached in prosperity. The thing that wasn’t asked is… How much worse would the crime rate be if people did not have visible guns on their persons? Three children since February is horrible but… That’s not even a normal Friday night in Chicago. I saw that fentanyl was a secondary concern. I’m sure that a lot more of her citizens have died from it compared to guns. What is the situation there with illegal immigrants? Maybe she should take a look at East Palestine… That’s a Health Emergency.
Beware patriots – this stunt by Grisham was orchestrated by the leftist liberals running the DNC!!!
Grisham knew her order was unconstitutional (she is an attorney after all).
She knew it would fail, but the libs had to try it. They have been talking about a gun related “health emergency” for months.
Notice that the dissenting voices from the left did not speak up right away. No, they waited to see how this little experiment was received.
Only when the outcry and legal action against Grisham became substantial did the libs come out against it.
Grisham lost this battle but don’t think for one minute that the libs consider the war against guns over.
An unarmed society will cease being citizens and will forever become subjects of the government.
Here -Here to Thomas Jefferson!
General observation: When you have The Police openly on your side … I can’t find words to express how comforting that would be to know that going forward.
The white flag stripes behind her head look like bunny ears, or donkey.
Governor “Alice”was feeling “ten feet tall.”
“White Rabbit,” written by Grace Slick
I have not seen mention in numerous articles on the 5-day period between the issuance of the order and the issuance of the temporary restraining order. Why did it take 5 days for a judge to act, when it should have been an emergency action at the latest the morning of the 9th? Why is it “temporary” when it the EO blatantly trampled 2A? Why is the Governor not under arrest for treason?
If a trial balloon, as more than a few have opined, it went exceedingly well, as there have been no repercussions. The tyrants continue to trample rights and the Constitution, and all they get in response is words. If the response from conservatives remains strongly worded letters, we should be prepared to send them from the camps, as that is what we are being prepared for.
Let’s hope NM gets their governor recalled.
And disbarred…
Tyrant Governor of New Mexico ought to be led out under arrest.
Michelle Grisham should be disbarred. She violated her oath as an attorney. All those attorneys and judges challenging and ruling against her, respectively, should be seeking to have her law license revoked. Now.
But I have immunity, I practice, been printed, background check. The health officials know there are bad guys with guns, I know there are bad guys with guns. 2A is my permit
the judge was not cemented to the Constitution in his decision.
Probably very nervous about his place in the scheme of things.