Tyranny In New Mexico

New Mexico Gov. Michelle Lujan Grisham, apparently enouraged by her success at tyrannical ChinCOVID rights-violating restrictions, is moving the tyranny goal posts a little closer.

She has totally “suspended” the right to publicly possess firearms in Albuquerque. Except for her uniformed thugs, naturally.

And the criminals who have already been carrying unlawfully. I suppose she “expects” them to obey her diktat when they blew off the law.

New Mexico governor issues emergency order to suspend open, concealed carry of guns in Albuquerque
New Mexico Gov. Michelle Lujan Grisham on Friday 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.

The Democratic governor said she is expecting legal challenges, but felt compelled to act in response to gun deaths, including the fatal shooting of an 11-year-old boy outside a minor league baseball stadium this week.

Damned right there will be legal challenges, and outright disobedience.

The order proper was issued by Patrick M. Allen, Secretary of of the NM Department of Health; under the claimed authority of Lujan Grisham’s previous executive orders. The governor did direct that the order be issued; “spurred” by three recent shooting deaths of children.

Let’s look at those cases.

A 13 year old girl was shot by a 14 year old boy, at his home, using his father’s gun. The “public health” order doesn’t ban possession of a firearm at one’s own home. And being 14, without adult supervision at the time, he was in unlawful possession of the firearm.

A 5 year old girl was killed in a drive-by shooting, by an underage suspect in unlawful possession (doubly so; an Albuquerque ordinance violation, too), and in a stolen car. I suspect this order would not have deterred him either, since the other laws didn’t.

The case of the 11 year old boy is less clear; the suspect has not yet been identified. But the circumstances prompt me to doubt that the shooter lawfully possessed the firearm: road rage shooting victim’s vehicle reportedly pulled in front of another car. That car did a U-turn and came back to let loose seventeen rounds at the victim’s car. I’m just waiting to see if this was a gangbanger, who we all know are prone to obeying laws and public health orders. (Yes, sarcasm.)

Clearly this unconstitutional order isn’t going to reduce crime, as they pretend.

And it violates the New Mexico constitution

Section 1. [Supreme law of the land.]
The state of New Mexico is an inseparable part of the federal union, and the constitution of the United States is the supreme law of the land.

And what does the US Constitution have to say about this?

A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

I think the guv is going to be hard pressed to find a BRUEN-style general, historical legal tradition for totally disarming private citizens outside of their own homes.

But back to the NM constitution. It has more to say on the subject.

Sec. 4. [Inherent rights.]
All persons are born equally free, and have certain natural, inherent and inalienable rights, among which are the rights of enjoying and defending life and liberty, of acquiring, possessing and protecting property, and of seeking and obtaining safety and happiness.

Self defense is a little more likely when you have something with which to defend yourself; maybe something like…

Sec. 6. [Right to bear arms.]
No law shall abridge the right of the citizen to keep and bear arms for security and defense, for lawful hunting and recreational use and for other lawful purposes, but nothing herein shall be held to permit the carrying of concealed weapons. No municipality or county shall regulate, in any way, an incident of the right to keep and bear arms.

That’s pretty clear. Even more so than the US Second Amendment.

Lujan Grisham and her jackbooted flunkies are violating the hell out of a right protected by the state and national constitution. Why, that sounds a lot like conspiring deprive citizens of rights. Specifically, 18 U.S. Code § 241 – Conspiracy against rights and 18 U.S. Code § 242 – Deprivation of rights under color of law

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

If a single person, who otherwise would have been carrying a defensive firearm, is killed or raped because they were rendered helpless by this order, Gov. Michelle Lujan Grisham and Secretary Patrick M. Allen can be sentenced to death. They could be executed; and despite my tendency to oppose government-conducted death penalties, I would cheer.

And Fulton County, Georgia mass indictment-style every staffer and bureaucrat that Lujan Grisham and Allen talked to about this can join them.

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