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Albuquerque DA Refusing to Enforce Governor's Suspension of 2nd Amendment Rights: 'Clearly Unconstitutional'

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As a lawsuit is challenging the headline-grabbing order issued by New Mexico Gov. Michelle Lujan Grisham that banned legal gun owners from carrying their weapons in and around Albuquerque, a top prosecutor says he wants nothing to do with the edict.

On Friday, Lujan Grisham issued an order that had the effect of banning individuals from carrying guns in Albuquerque and Bernalillo County for at least 30 days. Lujan Grisham, a Democrat, said she issued her emergency health order in response to recent shootings that included the death of an 11-year-old boy.

Bernalillo County District Attorney Sam Bregman said Saturday that he, as with Albuquerque Mayor Tim Keller and Police Chief Harold Medina, would not enforce the order, according to the Associated Press.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional,” he said.

“This office will continue to focus on criminals of any age that use guns in the commission of a crime,” he continued.

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Bernalillo County Sheriff John Allen said he is queasy about the order.

“I am wary of placing my deputies in positions that could lead to civil liability conflicts as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense,” he said.

As law enforcement officials backed away from the order, the first lawsuit was filed against it.

The National Association for Gun Rights and Foster Haines, a member who lives in Albuquerque, filed in U.S. District Court calling for the order to be immediately blocked.

Is Grisham’s order unconstitutional?

Dudley Brown, founder and president of the group, said Lujan Grisham shattered the Constitution.

“She needs to be held accountable for stripping the God-given rights of millions away with the stroke of a pen,” he said.

One gun shop owner said he could not follow the logic of Lujan Grisham’s order, according to KOB-TV.

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“My initial reaction was kind of fear, because people that have through the concealed carry courses and spent the time learning how to properly handle firearms, they’re not the problem,” said Ryan Burt, CEO of Calibers.

“The individuals that are doing what they’re doing in our community, it’s horrific. Unbelievable. I don’t even know what to say, and it’s those individuals that I don’t believe are going to follow this order,” he said.

Burt said his business has been wounded by the order.

“We’ve received hundreds of phone calls, people canceling their classes, people just not willing to come down because they don’t understand what’s going on. Normally, we would be pretty full on a Saturday. And as you can see, we’re not very full today. So it’s having an impact,” Burt said.

Lujan Grisham told The New York Times that she was within her authority.

“I have emergency powers. Gun violence is an epidemic. Therefore, it’s an emergency,” she said.

When she issued the order, she said, “No constitutional right, in my view, including my oath, is intended to be absolute,” according to Fox News.

When asked if she expected criminals to follow her edict, she replied, “Uh, no.”

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Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.
Jack Davis is a freelance writer who joined The Western Journal in July 2015 and chronicled the campaign that saw President Donald Trump elected. Since then, he has written extensively for The Western Journal on the Trump administration as well as foreign policy and military issues.
Jack can be reached at jackwritings1@gmail.com.
Location
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Topics of Expertise
Politics, Foreign Policy, Military & Defense Issues




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