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NM Gov issues order to suspend open & concealed carry in Albuquerque for 30 days

BB62

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"New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in the midst of a spate of gun violence.

The Democratic governor said she is expecting legal challenges but felt compelled to act in response to gun deaths, including the fatal shooting of an 11-year-old boy outside a minor league baseball stadium this week."

Heck, she should just suspend a few more for good measure! :cool::cool:


 

color of law

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SANTA FE, N.M. (AP) — New Mexico Gov. Michelle Lujan Grisham on Friday issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days in response to a spate of gun violence.

No she did not. That is a bold-faced lie.
Read it. The health dept. issued the order, not the Governor.

The Health Dept. has no such authority to suspend the constitution.

12-10-18. Emergency restrictions.​

A. During the existence of a state of emergency, the governor may, by proclamation, prohibit:
(1) any person being on the public streets, in the public parks or at any other public place during the hours proclaimed by the governor to be a period of curfew;
(2) any designated number of persons from assembling or gathering on the public streets, public parks or other open areas, either public or private, or in any public building;
(3) the manufacture, transfer, use, possession or transportation of any device or object designed to explode or produce uncontained combustion;
(4) the transportation, possession or use of combustible, flammable or explosive materials in a glass or uncapped container of any kind except in connection with the normal operation of motor vehicles, normal home use or legitimate commercial use;
(5) the possession of firearms or any other deadly weapon by a person in any place other than his place of residence or business, except for peace officers;
(6) the sale, purchase or dispensing of alcoholic beverages or other commodities or goods designated by the governor;
(7) the use of certain streets or highways by the public; and
(8) other activities the governor reasonably believes should be prohibited to help maintain life, property or the public peace.
B. Any proclamation issued under this section becomes effective immediately upon its signing by the governor, but the governor shall give public notice of its contents through the public press and other news media. The restrictions may be imposed during times, upon conditions, with exceptions and in areas of the state designated by proclamation of the governor from time to time.
History:
1953 Comp., § 40A-20-4.3, enacted by Laws 1969, ch. 281, § 3; 1978 Comp., § 30-20-6, recompiled as § 12-10-18 by
Where is the Governor's order?
 

KBCraig

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Maybe you should argue with the governor, since she’s the one saying she ordered the ban

IMG_5075.jpeg
 

KBCraig

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Do you think those were isolated actions?

The health department works for the governor. They did not do this on their own as some strange coincidence immediately after she signed the EO declaring an emergency.
 

color of law

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Do you think those were isolated actions?

The health department works for the governor. They did not do this on their own as some strange coincidence immediately after she signed the EO declaring an emergency.
The Governor has plausible deniability. She did not invoke NMC section 12-10-18(A)(5). She will lay the violation of the constitution at the feet of the health dept.
 

color of law

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The only person denying that it was her order, is you. She continues to say it was her order.
What she says in public and what is said in court can be two different things. We will see. But she is arrogant enough to believe what she said in public is what she put in writing. That I have no control over. And the court can choose to ignore the law as written and accept her word. That's why defense attorneys don't want their client to take the stand, they will convict themselves.
 

color of law

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Let me add one other thing.
The Supreme Court in the case of Harman v. Forssenius, 380 U.S 528 at 540, 85 S.Ct. 1177, 1185 (1965) stated:
It has long been established that a State may not impose a penalty upon those who exercise a right guaranteed by the Constitution." Frost & Frost Trucking Co. v. Railroad Comm'n of California, 271 U.S. 583. "Constitutional rights would be of little value if they could be indirectly denied,' Smith v. Allwriqht, 321 US. 649, 644, or manipulated out of existence,' Gomillion v. Lightfoot, 364 U.S. 339, 345.
The Governor is attempting to impose a penalty for exercising a right. No can do.
 

color of law

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TRO issued, effective immediately.
Here is a link to the TRO.

Here is the first paragraph of the TRO.
TEMPORARY RESTRAINING ORDER
Plaintiffs, individual firearm owners or Second Amendment advocacy organizations (collectively “Plaintiffs”), have moved for a temporary restraining order (“TRO”) pursuant to Rule 65(b)(1) of the Federal Rules of Civil Procedure. They seek to enjoin enforcement of the New Mexico Department of Health’s “Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures,” issued on September 8, 2023 and/or certain portions of Executive Order 2023-130, published on September 7, 2023. The Court held a hearing on the requests for a TRO on September 13, 2023, and heard oral argument from the parties. For the reasons stated below, the Court will grant the Plaintiffs’ motions and will issue an Order temporarily enjoining the enforcement of certain provisions of the Public Health Order.
How about that, the TRO is against the Health Dept as it relates to guns specifically.
 

KBCraig

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You mean New Mexico State Police? If so, what's your point.
It's good to see that you admit not keeping up.

The governor's order was only for the State Police to enforce. She said from the beginning that it didn't require enforcement by ABQ PD or BCSO. The AG wrote a letter to the governor, not the health department, stating he would not defend her order in court.

It was entirely the governor's doing, not some independent act of the health department.

There goes your plausible deniability argument.
 

color of law

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It's good to see that you admit not keeping up.

The governor's order was only for the State Police to enforce. She said from the beginning that it didn't require enforcement by ABQ PD or BCSO. The AG wrote a letter to the governor, not the health department, stating he would not defend her order in court.

It was entirely the governor's doing, not some independent act of the health department.

There goes your plausible deniability argument.
Really? Have you read any of the documents? NOT what the Governor has said in public statements, but actual documents the Governor actually signed. Did you read the actual TRO? Per the Court's TRO:
IT IS THEREFORE ORDERED BY THE COURT that the Defendants New Mexico Governor Michelle Lujan Grisham, New Mexico Department Secretary Patrick M. Allen, New Mexico Department of Public Safety Jason R. Bowie, Chief of the New Mexico State Police and any other New Mexico officials (“Defendants”) are ENJOINED from applying, enforcing, or attempting to enforce, either criminally or civilly, Section (1) of the New Mexico Department of Health’s “Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures” (“PHO”) published on September 8, 2023
Where does it say the Governor's order? It doesn't. The TRO enjoins the Governor and others from enforcing the what? The "Public Health Emergency Order."

Please read the paperwork. Quit listening to the news reports and what the Governor says in public. She is just flapping her gums.
 
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