12 September 2023

New Mexico's Governor - She's Very Wrong

 Recently, the New Mexico Governor Michelle Grisham surprised the state and country by signing an executive order that bans all forms of defensive carry of firearms within the county where the capital city of Albuquerque is for 30 days. It can be renewed if certain metrics are not met. A person cannot carry a concealed or open handgun or other firearm even if they have a permit within the county. She based her order on emergency powers regarding public health she claims overrides both the State's and US Constitutional protections on carriage of a firearm. 

So far, just about everyone has told her that she's wrong. The sheriff, ACLU, NRA and numerous other organizations have chimed in saying as such. There are even anti-gun groups saying she's wrong. The scary part is that the Governor has already said that she will direct the State Police to enforce the ruling.

That's a level of irony right there. Democrats calling Trump a fascist while a Democrat uses emergency powers to restrict rights protected under State and Federal law.  Actually, that is what happened in Nazi Germany in 1933. The German government used emergency powers to rescind civil liberties protected under their laws. Basically, Governor Grisham is more of a Nazi than Trump has ever been. One could argue that emergency powers led to the murder of 6 million Jews. That's not the point of this post. 

What's important here is what can come from this. Specifically, prison could come from this. Let me explain. 

Under Federal law, specifically Title 18 Section 241, if two or more people conspire to "injure, oppress, threaten or intimidate any person... in the free exercise or enjoyment of any right" and if found guilty can result in as much as 10 years in prison. Cornell's Web Page has more specifics to the text. Please go read the text.

Given that the Governor likely did not write this executive on her own. She likely had help, which means that at least one other person knew about this action before hand. That makes this conspiracy in my opinion. I'm not a lawyer though. 

At this point, given the Supreme Court cases such as Heller and Bruen, she fully knows that she's in the wrong and that she decided to do it anyway. She even said in a CNN interview that she needs to "test" what applies. I imagine there are cases regarding emergency powers and rights that she could have referenced. Simply put, I believe that the Governor knowingly and willingly is violating both State and US Constitutional law to push gun control waters to see what she can get away with. She is actively attempting to deny citizens their rights and she should be punisher for it. 

I don't know who will be able to bring a suit against her but it needs to happen. 

In my opinion, she is just another person here in the US who blatantly looks at the Constitution as a speed bump to get what they want. In this case, it's gun control. 

She says that she'd trying to save lives from violence but apparently she thinks she needs to do EVERYTHING she can try including violating constitutional law. Personally, I'm tried of politicians who think they can stomp on peoples rights and she needs to be made an example of to remind the rest such as the Governors of New York, New Jersey, Maryland and California that they can't keep messing with The People's rights. They keep trying and are getting away with it. That needs to stop. Sadly, the people that are needed to arrest her are likely playing for the same Authoritarian team as Grisham so favoritism wins again. 

What will matter is what happens next. Will the State Police operate as Grisham's own personal Sturmabteilung (Nazi Brown Shirts). Will they operate on the same "we're just doing out jobs" mentality of 1930's / 1940's Germans? Where will this escalate to? I have no doubt that, in the end, We the People will keep our rights unless the current administration eliminates Supreme Court Justices and stacks the deck in their favor. That said, winning this fight is important as it sets a precedence saying emergency powers do not trump gun rights.  

Update: I found a video that mentioned something interesting. Apparently, Governor Grisham signed a law in 2021 called the Civil Rights Act for the State of New Mexico. This could go hilariously as it would cost the state or county if a police officer made good on the Governor's monarch-like decree and arrest someone. 

Update 12 Sept 2023: Apparently, a judge has been assigned to the first case and is a Biden appointee. That's likely one of the reasons this action was started. A Trump appointed judge would have likely started hearing the case sooner as they would have likelier be more favorable to gun rights. 

In continuing to think on this issue, it wouldn't surprise me if the judge allows this to drag on and the governor routinely renews the order until forced to stop.  

Update 13 Sept 2023: It appears that I was wrong about the judge assigned to the case. According to The Firearms Policy Coalition X page, the judge issued averbal temporary restraining order to put the executive order on hold. An official written TRO will be issued afterward. The courts just shut her down for now. 

Update 17 Sept 2023: Apparently, she's amended or submitted a new EO that no longer suspends carry. The backlash was clearly too much and maybe the numerous lawsuits helped with that. I'm hoping that the court system runs through entirely instead of just dropping the case. We can't let this ever happen again. 

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