Merrick Garland faces Republican pressure to halt New Mexico’s ‘disturbing’ firearm prohibition.

U.S. News
By Carolina Stanton

Senate Republicans are urging Attorney General Merrick Garland to safeguard the rights of gun owners in New Mexico. They are concerned about the executive order issued by the Democratic governor, which they believe infringes upon the Constitution and represents an excessive acquisition of power.

The letter led by Sen. Thom Tillis, North Carolina Republican, called for Mr. Garland to “stop this unconstitutional act from standing,” saying the order violates the Second Amendment, the Fourth Amendment, and Article IV of the U.S. Constitution.

The six senators expressed their concern in a letter on Wednesday, stating that Governor Grisham’s order is infringing on the Second Amendment rights of the people of New Mexico. They urged the Department of Justice to take immediate action to prevent this unconstitutional seizure of power.

New Mexico Gov. Michelle Lujan Grisham issued an order last week declaring “gun violence a public health emergency,” citing the shooting deaths of three children in the last two months, including an 11-year-old boy killed Sept. 6 in a suspected road-rage incident.

Ms. Lujan Grisham declared the “time for standard measures has passed,” but her 30-day order has come under fire from gun-rights groups, state legislators, local law enforcement, and even New Mexico Attorney General Raul Torrez, who has refused to enforce the gun ban over constitutionality concerns.

Mr. Torrez, a member of the Democratic party, requested the governor to revoke her order. He expressed concern that the ban would only be followed by law-abiding gun owners, making it uncertain how this measure would effectively reduce gun violence in our community.

The governor’s order prohibits carrying firearms on public property in Bernalillo County, the state’s most populous county, with exceptions for security guards and police. Gun owners with permits may carry their firearms on private property as long as they transport them in a locked box or use a trigger lock.

Ms. Lujan Grisham additionally mandated that the Regulation and Licensing Division of the state perform inspections on licensed firearms dealers on a monthly basis. Furthermore, she instructed the Health Department to gather data and create a report regarding individuals who have been treated for gunshot injuries at hospitals.

The senators stated that the authority of the governor’s public health is overridden by the U.S. Constitution.

“I cannot reword”

The aforementioned letter was also endorsed by Senators Marsha Blackburn, Tom Cotton, John Cornyn, Lindsey Graham, and John Kennedy.

“The senators expressed their concern about this alarming behavior and emphasized the urgent need for your Department to take immediate action. It is crucial to demonstrate that such unconstitutional misconduct will not be accepted in New Mexico or any other part of the United States.”

Despite opposition from law enforcement officials such as Bernalillo County Sheriff John Allen and Albuquerque Police Chief Harold Medina, Ms. Lujan Grisham has remained steadfast in her support of the emergency order, disregarding their claims that it cannot be enforced.

Sheriff Allen stated during a press conference on Monday that the order cannot be enforced as it goes against the constitution.

Mayor Tim Keller of Albuquerque has requested a special session of the state Legislature, emphasizing that the focus should be on combating violent crime rather than engaging in political debates that burden the city’s families financially.

According to the Violence Policy Center, New Mexico had the seventh-highest rate of gun deaths per person in 2020. Out of the total 479 gun deaths, 69% were suicides and 31% were homicides, as reported by John Hopkins University’s Center for Gun Violence Solutions.
 

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