New Mexico Governor Bans Carry of Firearms

[Grumps21]

Don’t know if you saw this, but this was yesterday in Albuquerque.

It’s a good video, and very encouraging. However, they talk about suing the governor over this. How each and every one should sue. Most commoners do not have the deep pockets to hire an attorney over this. The billable $ per hour is more than the average person makes in a day. The gov has endless tax dollars at her disposal. The problem is, all of these pols are immune. There is no accountability. None. They are sheltered, and the worst that can happen is they lose an election. There is no personal loss for them, either monetarity or criminally

 

[toddnjoyce]

It’s a good video, and very encouraging. However, they talk about suing the governor over this. How each and every one should sue. Most commoners do not have the deep pockets to hire an attorney over this. The billable $ per hour is more than the average person makes in a day. The gov has endless tax dollars at her disposal. The problem is, all of these pols are immune. There is no accountability. None. They are sheltered, and the worst that can happen is they lose an election. There is no personal loss for them, either monetarity or criminally

Without intimately knowing NM law, filing pro se (acting as your own attorney) is usually double digit dollars. Going further, politicians aren’t immune to personal liability and if found to have violated oath of office, she’s personally liable to reimburse the state for costs incurred in defending her actions in a civil suit.

If I had standing, I’d go straight to the NM constitution, show the text of the governor’s requirement and the text of the rights of a state resident, then play the governor’s audio stating she thinks that’s all malleable.

I’d also look at a federal civil rights suit. Again, filed pro se is a couple hundred dollars and I bet GOA, FPC, or SAF would partner up.

 

[benenglish]

Going further, politicians aren’t immune to personal liability and if found to have violated oath of office, she’s personally liable to reimburse the state for costs incurred in defending her actions in a civil suit.

Several YT commenters are pointing out that a while back she signed into law a measure that strips away a great deal of qualified immunity and sovereign immunity in that state, a statute that may specifically apply to this circumstance.

 

[oldag]

Several YT commenters are pointing out that a while back she signed into law a measure that strips away a great deal of qualified immunity and sovereign immunity in that state, a statute that may specifically apply to this circumstance.

 

[toddnjoyce]

For anyone who cares, here’s info on the NM Civil Rights Act which pretty much repealed qualified immunity for all NM .gov employees, including the governor.

In a landmark law signed today, New Mexico barred all government employees from using “qualified immunity” as a legal defense in state court and created a new way to challenge government agencies that violate constitutional rights. By making it much easier for victims of police violence and other government abuses to sue for damages, the New Mexico Civil Rights Act marks one of the most sweeping police reform bills passed in the aftermath of the tragic killing of George Floyd.

New Mexico Bans Qualified Immunity For All Government Workers, Including Police

The New Mexico Civil Rights Act creates a new way to challenge government agencies that violate constitutional rights and guarantees government employees are not at risk of personal liability.

www.forbes.com

 

[oldag]

Bernalillo County Sheriff John Allen described Grisham's 30-day "public health order" as "unconstitutional" during a press conference this week despite standing beside the governor during her rollout of the policy.

"It’s unconstitutional, so there’s no way we can enforce that order," the sheriff said in a Monday news conference. "This ban does nothing to curb gun violence."

 

[striker55]

Bernalillo County Sheriff John Allen described Grisham's 30-day "public health order" as "unconstitutional" during a press conference this week despite standing beside the governor during her rollout of the policy.

"It’s unconstitutional, so there’s no way we can enforce that order," the sheriff said in a Monday news conference. "This ban does nothing to curb gun violence."

 

[TJjerry]

Good for Sheriff Allen.

Since when do Democrat lead states care what the law actually says?
In 2020 a couple of states allowed changes in voting laws, blessed by their Supreme courts, when the State Laws clearly provided that changes to voting laws could ONLY be changed by the States Legislature.
New Mexico has all five Supreme Court justices, democrats.

How do you impeach a Democrat in a Democrat majority State? Can you say Gaven?

 

[toddnjoyce]

FPC filed suit

Fort v. Grisham: 2A Challenge to New Mexico Governor's Carry Ban

Fort v. Grisham: 2A Challenge to New Mexico Governor's Carry Ban

www.firearmspolicy.org

NAGR filed suit

Group sues after New Mexico governor suspends right to carry guns in Albuquerque in public

New Mexico Gov. Michelle Lujan Grisham’s emergency order suspending the right to carry firearms in public in and around Albuquerque has drawn an immediate court challenge Saturday from a gun-rights group.

apnews.com

Other suits

 of Monday morning, four lawsuits had been filed calling on a judge to immediately halt the public health order – claiming it violates Second Amendment rights…..
[state]Senate Republican Leader Gregory Baca says that Senate and House Republicans are also moving forward with a lawsuit

Lawsuits filed after New Mexico governor suspends right to carry guns in public

As of Monday morning, four lawsuits have been filed calling on a judge to immediately halt the public health order – claiming it violates Second Amendment rights.

www.kob.com

 

[leVieux]

<>

New Mexico is a beautiful State with very good People.

I have enjoyed vacationing, visiting, & working there since 1957.

But, leftards in urban areas are ruining the entire place. They have ZERO respect for the U S Constitution and/or for their fellow Citizens’ legal rights.

I haven’t set foot there in about a decade, and no longer consider the State as a leisure destination.

Could we help them recover from their self-inflicted injuries ? Time may tell. . . . . . .

leVieux

<>

 

[pronstar]

I think some LEO’s are gonna have tough business decisions to make.

“Honey we’re losing our house because i enforced an unconstitutional law that even the AG said is not legal” is not going to be an easy conversation…

 

[leVieux]

I think some LEO’s are gonna have tough business decisions to make.

“Honey we’re losing our house because i enforced an unconstitutional law that even the AG said is not legal” is not going to be an easy conversation…

View attachment 405717

<>

One additional rallying cry for the resumption of the American Revolution in defense of the U S Constitution !

<>

 

[cycleguy2300]

I think some LEO’s are gonna have tough business decisions to make.

“Honey we’re losing our house because i enforced an unconstitutional law that even the AG said is not legal” is not going to be an easy conversation…

View attachment 405717

Choices are always easy, its the consequences that can be painful to deal with.

Sent from my SM-S918B using Tapatalk

 

[tommyg]

This looks like that the New Mexico governor wants to set a precedent for using health issues for a cheap excuse to ban guns. If she gets away with it Biden will try something on the federal level.Take this as a warning

 

[ZX9RCAM]

This looks like that the New Mexico governor wants to set a precedent for using health issues for a cheap excuse to ban guns. If she gets away with it Biden will try something on the federal level.Take this as a warning

Welcome to the Forum!

 

[msharley]

Choices are always easy, its the consequences that can be painful to deal with.

Sent from my SM-S918B using Tapatalk

 

[toddnjoyce]

I think some LEO’s are gonna have tough business decisions to make….

I don’t; the majority of LE agencies have already set policy not to enforce. Second, the order only allows for “civil administrative penalties” for violations. That’s generally NOT cop work.

I haven’t done a whole lot of digging, but I’m guessing the Dept of Health doesn’t have any applicable penalty structure in their statutes, and I doubt they have their own LE agency.

So if there’s a health inspector out there who attempts to enforce the order with a citation and fine, they’ll immediately be subject to the NM Civil Rights Act which sends them to the state pen and forces them to pay attorney’s fees and court costs for the defendant.

This thing ain’t nothing but a paper tiger. But the legislature needs to hang the governor as should the courts.

 

[Sasquatch]

I don’t; the majority of LE agencies have already set policy not to enforce. Second, the order only allows for “civil administrative penalties” for violations. That’s generally NOT cop work.

I haven’t done a whole lot of digging, but I’m guessing the Dept of Health doesn’t have any applicable penalty structure in their statutes, and I doubt they have their own LE agency.

So if there’s a health inspector out there who attempts to enforce the order with a citation and fine, they’ll immediately be subject to the NM Civil Rights Act which sends them to the state pen and forces them to pay attorney’s fees and court costs for the defendant.

This thing ain’t nothing but a paper tiger. But the legislature needs to hang the governor as should the courts.

Aye, but remember she said she would use the NMSP to enforce this - not the local cops. The Chief of State Police needs to come out and say "No" to his boss. Even if it is indeed a paper tiger - the Governess is trying to hang cops out to dry (shocker) because they'll be the first line of getting pilloried IF they enforce this (as they should get pilloried) and she's still going to try having a shield between her, and that law she signed stripping qualified immunity away.

 

[DougC]

Elections have consequences

The clearly unconstitutional edict against lawful firearms carry in Albuquerque and surrounding Bernalillo County, New Mexico by Democrat Gov. Michelle Lujan Grisham is a stark reminder to all Second Amendment citizens they must register to vote, and then make sure they do vote to keep people with ideas like this out of public office, the Citizens Committee for the Right to Keep and Bear Arms said today.

 

[glenbo]

I think some LEO’s are gonna have tough business decisions to make.

“Honey we’re losing our house because i enforced an unconstitutional law that even the AG said is not legal” is not going to be an easy conversation…

View attachment 405717

The first sentence in that is the single most important. She will have to pay the price of the lawsuits since the AG won't. I hope a few hundred people sue the hag.