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New Mexico Governor Suspends Right to Carry Firearms in Public Amidst Rising Gun Violence

New Mexico Gov. Michelle Lujan Grisham on Friday, Sept. 8, issued an emergency public health order that suspends the open and permitted concealed carry of firearms in Albuquerque for 30 days in the midst of a spate of gun violence. | Alex Brandon/AP Photo

In response to a surge in gun violence, New Mexico Governor Michelle Lujan Grisham has issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for a minimum of 30 days. The governor, a Democrat, acknowledged that legal challenges are expected but emphasized that the recent spate of shootings, including the tragic death of an 11-year-old boy outside a minor league baseball stadium, compelled her to take action.

Under the emergency public health order, open and concealed carry of firearms in most public places, from city sidewalks to urban recreational parks, is prohibited. This restriction applies only to the metropolitan Albuquerque area and is tied to a specific threshold for violent crime rates. Law enforcement officials and licensed security guards are exempt from the temporary ban.

Violators of the order could face civil penalties and fines of up to $5,000. Residents are still permitted to transport firearms to private locations such as gun ranges or stores, provided the firearm has a trigger lock or other mechanism preventing discharge.

However, not all law enforcement officials are in agreement with the governor’s decision. Albuquerque Police Chief Harold Medina has stated that his department will not enforce the order, while Bernalillo County Sheriff John Allen expressed unease about potential conflicts with constitutional rights and civil liabilities.

Enforcing the governor’s order could also pose challenges in terms of a police reform settlement with the U.S. Department of Justice. The legal implications of the order remain uncertain.

Governor Lujan Grisham pointed to several recent shootings in Albuquerque as reasons for the order, highlighting the need for action to address gun violence. She referenced incidents like the road rage shooting that claimed the life of 11-year-old Froyland Villegas and critically wounded a woman outside a baseball stadium. Additionally, she cited the tragic shooting death of 5-year-old Galilea Samaniego and the killing of 13-year-old Amber Archuleta.

The governor’s actions have drawn both support and criticism. Advocates for gun violence prevention praised the order as a necessary step to combat gun violence, even if its legality is uncertain. Meanwhile, the top-ranked Republican in the state Senate, Sen. Greg Baca, denounced the governor’s move as unconstitutional and argued that it unfairly targets law-abiding citizens.

Governor Lujan Grisham has signed a series of gun control measures since 2019, including a “red flag” law and expanded background check requirements. Friday’s order also directs state regulators to conduct monthly inspections of firearms dealers statewide to ensure compliance with gun laws and mandates the state Department of Health to compile a report on gunshot victims at New Mexico hospitals.

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