New Mexico gov's temporary ban on carrying firearms a 'political move': Attorney Katie Cherkasky
Constitutional law attorney Katie Cherkasky weighs in after New Mexico Gov. Michelle Lujan Grisham suspended open and concealed carry of firearms in Albuquerque.
Democratic New Mexico Gov. Michelle Lujan Grisham is coming under fire from members of her own party after temporarily suspending open and concealed carry across Albuquerque under an emergency health order.
"I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution," California Democratic Rep. Ted Lieu tweeted.
Lujan Grisham temporarily suspended open and concealed carry laws in Bernalillo County for at least 30 days, starting Sept. 8. The announcement was spurred by the fatal shootings of young children, including a 13-year-old girl in July, a 5-year-old girl in August and an 11-year-old boy this month.
"As I said yesterday, the time for standard measures has passed," the governor said, according to her office’s press release on the order. "And when New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game – when their very right to exist is threatened by the prospect of violence at every turn – something is very wrong."
New Mexico Gov. Michelle Lujan Grisham speaks during an interview at her office in Santa Fe, New Mexico, on Thursday, Aug. 8, 2019. (Photographer: Steven St John/Bloomberg via Getty Images)
Liberal gun control activist David Hogg responded to Lieu saying that he "agreed" that the order violates the Constitution, and followed up that Lujan Grisham’s reasoning for the temporary ban does not hold water.
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Rep. Ted W. Lieu (D-CA) speaks during a press conference with incoming House Democratic Leadership at the U.S. Capitol on Dec.r 13, 2022 in Washington, D.C. (Getty Images)
"I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution," Hogg posted on X, formerly known as Twitter.
Hogg appeared to follow up in another post saying "one of the things I appreciate most about the Democratic Party is we are not in a cult," and members hold different views on issues such as gun control.
"It’s a good rule of thumb to make sure you never agree with someone 100% because no one is ever all ways [sic] right especially me. I will tell you this though, I will say and do what I feel is right no matter how unpopular it’s might be. If Dems don’t do enough on gun violence I have and will tell you. If I feel they approach it in a way I don’t agree with I will also tell you," he posted.
David Hogg, March For Our Lives co-founder, delivers remarks at the 60th Anniversary Of The March On Washington at the Lincoln Memorial on Aug. 26, 2023 in Washington, D.C. (Getty Images)
Lujan Grisham's press secretary Caroline Sweeney told Fox News Digital on Sunday that the order "does not suspend the Constitution but instead state laws over which the governor has jurisdiction," when asked about Lieu's and Hogg's posts.
"The governor is looking for proactive partners who will bring solutions to the table - not naysayers who have no real answers to the gun violence epidemic we are faced with," Sweeney continued. "She was elected to serve the people of New Mexico, and not a day goes by that she doesn’t hear from a constituent asking for more to be done to curb this horrific violence. If Ted Lieu is so interested in addressing this issue, we invite him to join our next police academy class in January."
The governor on Sunday also responded to Lieu's tweet, inviting him to a police academy class to help "curb gun violence."
"Hey Ted, conceal and open carry are state laws that I have jurisdiction over. If you’re really interested in helping curb gun violence, I’d welcome you to join our next police academy class," Grisham tweeted.
Conservatives and social media commenters were quick to mock the New Mexico governor for losing support from two liberals who champion gun control, while others, including Republican Sen. Ted Cruz, expressed shock over agreeing with a Democrat on a gun issue.
Two Republican legislators in New Mexico, Reps. Stefani Lord and John Block, have meanwhile called for Lujan Grisham’s impeachment over the order for an "abhorrent attempt at imposing a radical" agenda on residents.
"I am calling on counsel to begin the impeachment process against Governor Grisham," Lord said.
"This is an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populous. Rather than addressing crime at its core, Governor Grisham is restricting the rights of law-abiding gun owners. Even Grisham believes this emergency order won’t prohibit criminals from carrying or using weapons; a basic admission that this will only put New Mexicans in danger as they won’t be able to defend themselves from violent crime," Lord continued.
New Mexico Gov. Michelle Lujan Grisham speaks at the Arcosa Wind Towers, Aug. 9, 2023, in Belen, New Mexico. (AP)
The New Mexico governor has also been hit with a few lawsuits from Second Amendment groups, including The National Association for Gun Rights, whose president said Lujan Grisham "is throwing up a middle finger to the Constitution."
The NRA also slammed the order as "shocking" in exclusive comment to Fox News Digital, and called on the governor to address "soft-on-criminal policies" to remedy crime trends instead of banning guns.
"In a shocking move, Governor Lujan Grisham is suspending Second Amendment rights by administrative fiat, ignoring the US Constitution and the New Mexico Constitution. Instead of undermining the fundamental rights of law-abiding New Mexicans, she should address the soft-on-criminal policies which truly endanger its citizens," NRA-ILA Executive Director Randy Kozuch told Fox.
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