District Court Judge David Urias issued a temporary restraining order (TRO) against New Mexico Governor Michelle Lujan Grisham’s executive order banning firearms for 30 days.

U.S. District Court Judge David Urias said, “The violation of a constitutional right, even for minimal periods of time, unquestionably constitutes irreparable injury,”

Gov. Grisham said, “Over the past four days, I’ve seen more attention on resolving the crisis of gun violence than I have in the past four years. Now is the time to bring clarity of purpose.” This may be true, but will it help her cause in the long run when even her own AG will not defend her?

“We’re thrilled that the Court has ruled in our favor and upheld the Second Amendment, the U.S. Constitution, and Supreme Court precedent,” said Cody J. Wisniewski, FPC Action Foundation’s General Counsel and Vice President of Legal, and counsel for FPC. “Gov. Grisham’s executive order is blatantly unconstitutional and we look forward to continue proving as much in Court.”

The next court date is October the 8th, and from the looks of Gov. Grisham’s statement she has no intent of backing off.

Executive orders are not unchecked strokes of power from the president’s (or governor’s) pen; federal courts can challenge and deem them unlawful. In fact, the U.S. Supreme Court determined during the Korean War that executive orders must fit within a specific sphere of power and cannot simply defy Congressional intent, as explained in the article in my next comment below.

U.S. Constitution Supremacy Clause

Further, people commonly refer to Article VI, Paragraph 2, of the U.S. Constitution as the Supremacy Clause. It establishes that the federal constitution and law generally precede state laws and even state constitutions. The Supremacy Clause prohibits states from interfering with the federal government’s exercise of its constitutional powers and assuming any functions exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

The U.S. Constitution, including all 10 amendments in the Bill of Rights, is the “Supreme Law of the Land.” It defines and limits the scope and powers of government at all levels.

Gov. Grisham’s Oath of Office

And last, Gov. Michelle Lujan Grisham of New Mexico took an oath of office as follows:

“The Constitution of the State of New Mexico Article XX Section 1 (Oath of Officer) reads, “Every person elected or appointed to any office shall, before entering upon his duties take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.”

So there’s that pesky constitution thing again.

I think the good, law-abiding people of New Mexico should ignore and resist this nonsense. And I believe New Mexico should get serious about punishing criminals rather than the law-abiding citizens of their state. But that’s just my opinion.

By Russ Minary (Helpful Skeptic, Humorist)

Russ is a retired old guy who loves people and is happy to share my (FREE) advice, mistakes, valuable career and life lessons, good and bad experiences, wisdom, and some funny stuff too.

Because of a string of gun-related incidents, New Mexico Gov. Michelle Lujan Grisham issued an emergency order on Friday that makes it illegal to carry guns in public in Albuquerque and the counties around it for at least 30 days. Even with a permit, you can not openly or conceal carry.

In the video below, Gov. Michelle Lujan Grisham says, “No constitutional right, in my view, including my oath, is intended to be absolute” “I can invoke additional powers”

We have heard “30 days to solve a problem” before

In March 2020, the government, urged on by Dr. Anthony Fauci, enacted mandates requiring wearing masks in public for “15 days to slow the spread” of COVID-19. That was later turned into 30 days and lasted over two years in many places.

Some law enforcement officials have said they will not enforce Grisham’s orders

Lujan Grisham stated civil violations would be enforced by state police. Bernalillo County Sheriff John Allen and Albuquerque Police Chief Harold Medina said they will not enforce it because it raises many constitutional rights concerns.

Bernalillo County Sheriff John Allen said, “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.”

“The governor made it clear that state law enforcement, and not APD, will be responsible for enforcement of civil violations of the order. Our officers at APD will continue to focus on the enforcement of criminal laws and arresting the criminals who are driving violent crime in the city,” Albuquerque Police Chief Harold Medina said in a message to his officers Friday night.

Bernalillo County District Attorney Sam Bregman, the top prosecutor in the Albuquerque area, said, “As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional.”

“Bumping up against the Second Amendment, no doubt about it,” said Jessica Levinson, a law professor at Loyola Marymount’s Loyola Law School in Los Angeles.

Why did the New Mexico governor ban guns?

The Democratic governor said she expected legal challenges but felt obliged to act considering recent killings, including the murder of an 11-year-old kid outside a minor league baseball stadium this week.

At a news conference on Friday, she stated that shootings have reached epidemic proportions and that the suspension provided the state with a “cooling-off period” to decide how to handle gun violence and public safety best.

Even David Hoog, who is an avid anti-gun activist, said he disagreed with her move. One person on Twitter said New Mexico’s “GunSense” Governor has lost David Hogg. Even ducking David Hogg says this is too far.

I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution. https://t.co/6GfbOZLc7g

— David Hogg ? (@davidhogg111) September 9, 2023

Lawsuits over New Mexico’s suspensions of gun rights have begun.

Gov. Grisham said during her news conference, “I welcome the debate and fight about how to make New Mexicans safer.”

The National Association for Gun Rights has filed a TRO and the complaint.

New Mexico Governor Michelle Grisham just declared a "gun violence public emergency" and BANNED the public carry of guns in Albuquerque and the surrounding county by executive order.

Not on our watch! THAT IS WHY WE ARE SUING THE GOVERNOR OF NEW MEXICO!https://t.co/ekMRsXIu91 pic.twitter.com/kRDOt9bxZV

— National Association for Gun Rights (@NatlGunRights) September 9, 2023

Gun Owners of America filed their TRO and complaint yesterday.

?BREAKING?⁰⁰GOA and @GunFoundation have officially filed our lawsuit against NM Governor Grisham and her tyrannical executive order banning firearm carry.

See you in court! ?

— Gun Owners of America (@GunOwners) September 10, 2023