New Mexico's New Gun Ban Meets Resistance
State being sued over 'emergency order' suspending open, concealed carry laws
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Good morning everyone,
We will begin today with ‘On This Day In History’, as we remember the 2,977 people who were killed in the deadliest terrorist attacks in American history.
22 years ago this morning, four planes were hijacked. Two were intentionally crashed into the World Trade Center in New York City. The buildings collapsed shortly after. One plane flew into the Pentagon in Arlington, Virginia. Another, believed to be headed for the White House or the U.S. Capitol, crashed into a field in Pennsylvania after passengers fought the terrorists and regained control of the cockpit.
America watched in horror as the day unfolded before our eyes. Today’s ceremony to honor the lives lost will begin at 8:30am ET, and the first moment of silence will be at 8:46am ET, the time the first plane struck the North Tower. Moments of silence will be held for each of the following times listed in bold.
9/11/01 Timeline
7:59am ET: American Airlines Flight 11 takes off from Boston, en route to Los Angeles. 11 crew members, 76 passengers, and 5 hijackers are on board.
8:15am ET: United Airlines Flight 175 takes off from Boston for Los Angeles. 9 crew members, 51 passengers, and 5 hijackers are on board.
8:20am ET: American Airlines Flight 77 takes off from Washington, DC, headed for Los Angeles. There are 53 passengers, 6 crew members, and 5 hijackers on board.
8:42am ET: United Airlines Flight 93 takes off from Newark, NJ to San Francisco. 7 crew members, 33 passengers, and 4 hijackers are on board.
8:46am ET: American Airlines Flight 11 crashes into the World Trade Center’s North Tower
8:50am ET: U.S. President George W. Bush, visiting an elementary school classroom in Florida, is alerted a plane has hit the North Tower.
9:03am ET: United Airlines Flight 175 crashes into the World Trade Center’s South Tower.
9:37am ET: American Airlines Flight 77 crashes into the Pentagon.
9:59am ET: The South Tower of the World Trade Center collapses.
10:03am ET: Flight 93 crashes into a field near Shanksville, PA, after passengers and crew storm the cockpit.
10:28am ET: The North Tower of the World Trade Center collapses.
Lower Manhattan around 8:30am ET on Sep 11, 2001. Photo by David Monderer | 911 Memorial
🎙The Mo News Podcast: A massive earthquake in Morocco leaves more than 2,000 dead; Hurricane Lee’s trajectory; Jill & Mosheh look back on where they were on September 11, 2001.
🗞 NEW MEXICO’S CONTROVERSIAL MOVE ON GUNS
New Mexico’s bold attempt at combating gun violence is getting national attention for the constitutionally questionable limits it places on the Second Amendment.
BACK STORY
On Friday, New Mexico’s Democratic Governor Michelle Lujan Grisham issued an “emergency” order (clip above) suspending the right to carry firearms in public for the next 30 days, declaring gun violence a public health emergency, in response to deadly gun violence that has plagued the state over the summer.
Gun control advocates are split on the move, with some praising what they see as her courage to take bold action. Others believe she has gone too far and that the move—while well-intentioned—is legally questionable. Guns rights advocates are united that the move is unconstitutional and some are calling for her impeachment.
COMPELLED TO ACT
New Mexico is an “open carry” state, which means it is legal to carry a gun in public as long as it is not concealed. Governor Lujan Grisham cited the deaths of three children in just the three months, as well as two mass shootings in May that left six dead and 11 hurt, in her order. Among them:
11-year-old Froyland Villegas, who was shot and killed outside a minor league baseball stadium from a drive-by shooting. His aunt was critically wounded.
5-year-old Galilea Samaniego, who was shot in the head while asleep in a motor home last month, after five teens opened fire on the trailer.
13-year-old Amber Archuleta, who was shot and killed by a 14-year-old boy using his father’s gun while they were at his home
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“The time for standard measures has passed… 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.”
Governor Lujan Grisham (D-NM)
THE SPECIFICS
The public health order is a statewide mandate, but open and concealed carry laws are only suspended in “cities or counties averaging 1,000 or more violent crimes per 100,000 residents per year since 2021” — a level currently only met by Bernalillo County, which includes the city of Albuquerque.
Key points:
Effective immediately and for 30 days, open and concealed carry is banned in most public places (sidewalks, parks, etc).
After that, officials will evaluate whether to renew the order or make adjustments.
The order requires monthly inspections of licensed firearm dealers statewide to ensure compliance with gun laws.
Violators could face civil penalties and a fine of up to $5,000,
Some exemptions:
Citizens with concealed carry permits can still have their guns on them in private locations (like a gun range or gun store) but it must be equipped with a lock that stops it from being able to shoot, or must be stored in a locked container.
Does not impact shooting competitions
Police officers and security guards are exempt from the ban.
PUSHBACK FROM LAW ENFORCEMENT
Governor Lujan Grisham said she expected legal challenges and is ready for a fight. State and local law enforcement officials are questioning the order’s constitutionality, despite agreeing that gun violence has gotten out of control:
In Albuquerque, Mayor Tim Keller and Police Chief Harold Medina both say they will not enforce the Governor’s order.
Bernalillo County District Attorney Sam Bregman — who was actually appointed by Democratic Governor Lujan Grisham herself — says he will also not enforce it.
Bernalillo County Sheriff John Allen says he wants to join the Governor in her fight to curb gun violence, but has reservations about how the order potentially violates the constitution.
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“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold. I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”
Bernalillo County Sheriff John Allen
CALLS FOR IMPEACHMENT
The order infuriated some Republicans in the state, who are calling for Lujan Grisham’s impeachment. In the state senate, the top-ranked Republican, Senator Greg Baca, scolded the Governor for aiming at the wrong target: “A child is murdered, the perpetrator is still on the loose, and what does the governor do? …Targets law-abiding citizens with an unconstitutional gun order.”
Some national Democrats are raising concerns too, including Congressman Ted Lieu (D-Calif.):
HERE COME THE LAWSUITS
The National Association for Gun Rights, along with one member who lives in Albuquerque, filed suit just one day after Grisham announced her emergency order, arguing the order violates their Second Amendment rights. They pointed specifically to the Supreme Court’s landmark ruling in New York State Rifle & Pistol Association v. Bruen last year, which struck down New York’s century-old law requiring gun applicants to show ‘proper cause’ to buy a gun.
NEW MEXICO FIREARM DEATHS
The state has one of the highest per-capita rates of firearm violence and suicide by gun in the nation. Based on 2021 numbers, New Mexico has the third highest number of gun deaths in the country, only behind Louisiana (1) and Mississippi (2).
✔︎ Mo News Reality Check: Governor Lujan Grisham has spearheaded several gun safety bills since she took office in 2019. In 2020, she signed a “red flag” law allowing law enforcement officers to request a gun to be taken away from people who pose a threat to themselves or others. She’s also signed a ban on firearm possession for people under permanent protective orders for domestic violence.
However, a number of prominent people who sympathize with her effort to curb gun violence believe this latest move is on constitutionally precarious grounds, and abuses the definition of “emergency.” We will watch to see how this plays out in court, but given several US Supreme Court decisions that have made it easier to own guns in recent years, this effort appears unlikely to succeed.
⏳ SPEED READ
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