A gun rights group sued New Mexico Gov. Michelle Lujan Grisham (D) and other state officials on Saturday over an emergency order banning firearms from being carried in public in Albuquerque.
The National Association for Gun Rights, alongside Albuquerque resident Foster Haines, filed suit just one day after Grisham announced the public health order temporarily suspending concealed and open carry laws in the city.
The group argued that the order violates their Second Amendment rights, pointing to the Supreme Court’s decision last year in New York State Rifle & Pistol Association v. Bruen.
I do agree that, generally speaking, the Executive Branch isn’t designed to create laws, but it literally has these powers. PHEs, Martial Law, Executive Orders; the Executive Branch has tools in statute to meet the needs of crises.
I was arguing the context though tbf, I have my personal opinion on the ownership of weapons, however I’m not an any and all means person. That said, I leave an exemption in my thinking for emergencies, and the state of play in Albuquerque is pretty dire. Do I think it’s right to call an indefinite PHE? Probably not. Do I think it is an appropriate short term measure while longer term measures are considered? Probably yes.
The reason I bring up the curtailments in individual rights, regarding the second amendment, is to show there are many restrictions that are in place. The second amendment isn’t an absolute right at all times and in all ways; and it’s silly to think its power should outstrip other statutory tools being deployed in moderation.
Maybe I led the discussion in the wrong direction though, and for that I apologise, because I think the real question we both ponder is this, is a Public Health Emergency a moderate/proportional response to the situation at hand?