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National Review
National Review
13 Sep 2023
David Zimmermann


NextImg:Republican Senators Call on Attorney General Garland, DOJ to Stop New Mexico’s ‘Unconstitutional’ Gun Order

In a letter to U.S. attorney general Merrick Garland on Wednesday, six Republican senators called on the Department of Justice to “protect the constitutional rights” of New Mexicans after Democratic governor Michelle Lujan Grisham implemented a temporary ban on open and concealed-carry weapons last week.

“Governor Grisham has issued an order which is being used to blatantly trample on the Second Amendment rights of the citizens of New Mexico, and the Department of Justice (DOJ) must act swiftly to stop this unconstitutional power grab,” the senators wrote to Garland in the two-page letter.

Senators Thom Tillis of North Carolina, Lindsey Graham of South Carolina, John Cornyn of Texas, John Kennedy of Louisiana, Marsha Blackburn of Tennessee, and Tom Cotton of Arkansas, all members of the Senate Judiciary Committee, signed the letter.

“By preventing certain New Mexicans from exercising their constitutional rights to carry a handgun for self-defense outside the home, Governor Grisham is violating the Second Amendment, the Fourteenth Amendment, and Article IV of the Constitution,” the letter read.

By enacting the 30-day public health emergency order last week, Grisham also violated New York State Rifle & Pistol Association, Inc. v. Bruen, last year’s Supreme Court ruling that prevented states from infringing upon a citizen’s right to bear arms, the senators said.

“This is a chilling action, and it is imperative that your Department act immediately to show that this kind of unconstitutional abuse will not be tolerated in New Mexico or anywhere else in the United States,” the letter concluded.

On Friday, Grisham temporarily banned people in Bernalillo County from carrying open and concealed guns, while exempting police officers and licensed security guards. The order was signed into law two days after an 11-year-old boy was shot outside a baseball stadium in Albuquerque, which is located in the affected county.

Other recent shootings in the state also played into Grisham’s controversial decision.

Since then, she has received pushback from prominent gun-control activist David Hogg, Bernalillo County sheriff John Allen, and New Mexico attorney general Raúl Torrez, a fellow Democrat. Torrez told the governor on Tuesday he would not defend her in the several lawsuits already filed against the state.

“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence,” Torrez wrote to Grisham in a short letter. “Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster.”

Neither Garland nor the DOJ have yet to publicly comment on Grisham’s order.