New Mexico’s Governor Michelle Lujan Grisham has instituted a 30-day public health order that restricts the carrying of firearms in Albuquerque and Bernalillo County.

Under this directive, only law enforcement officers and licensed security personnel can bear arms, even if a resident has a valid carrying permit.

The order applies to areas that have averaged “1,000 or more violent crimes per 100,000 residents per year since 2021.”

The recent uptick in crime, including a tragic incident involving the death of an 11-year-old child, prompted Grisham’s action, a response to Albuquerque’s unfortunate ranking as the tenth-most violent city in the U.S. in 2023.

“There are literally too many people to arrest,” Grisham stated in a press conference regarding the order. She further explained her stance, saying, “If there’s an emergency, and I’ve declared an emergency for a temporary amount of time, I can invoke additional powers. No constitutional right, in my view, including my oath, is intended to be absolute.”

However, the order’s constitutionality is being questioned by legal experts.

Conservative legal pundit Johnathan Turley wrote that “the order, in my view, is flagrantly unconstitutional under existing Second Amendment precedent.”

Amy Swearer, a senior legal fellow for the Heritage Foundation, echoed similar concerns, asserting, “This is completely unconstitutional. It’s also just logically nuts.”

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While Albuquerque’s residents undeniably deserve security, Grisham’s approach has raised eyebrows, especially given that approximately 46% of New Mexicans are gun owners.

The governor emphasized the urgency of the situation, stating, “As I said yesterday, the time for standard measures has passed. 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.”

As Turley wrote, this executive order is clearly unconstitutional and we can expect a legal challenge by next week. A federal judge, if they are following the law, will almost surely put a stay on this lawless executive order pending trial.

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