A ban on open carry and concealed firearms in New Mexico has created a real backlash 

September 12 – After an emergency declaration about gun violence and drug abuse, the governor of New Mexico, Michelle Lujan Grisham, has signed an executive order banning both open and concealed firearms in Albuquerque and Bernalillo County on Friday. 

The governor pointed to recent killings of a 13-year-old girl and an 11-year-old boy as well as two mass shootings in May as the need for the ban. 

The ban would be in place for 30 days and include carrying guns on state property. 

Pat Ryan of NewsTalk 103.7FM noted, “We did get a call not too long ago about someone saying if the governor goes outside of her job duties, outside of her responsibilities to the Constitution, is she a fugitive of the law at that point and that she would be held responsible financially for this?”

Attorney Clint Barkdoll said, “I was struck, immediately a bunch of the county sheriffs came out, including the county where Albuquerque is and the county sheriff is a Democrat, he said he’s not going to enforce this ban. It’s clearly unconstitutional. Their Democratic Congressman came out yesterday and said the same thing, that there is no way this is legal. I think anyone looking at this would agree the governor can’t by executive order, suspend your constitutional rights. So what happens and I’m troubled that we’re seeing more and more of this, whether it’s at the presidential level, think about the student loans last year or with governors, they issue these executive orders, these fiats that they clearly must know are illegal, but then they know it will take months if not years to work its way through the court system to get that decision. In the meantime, they’re ginning up support and doing fundraising. Unfortunately, I don’t think there will be any legal consequences for this governor, presumably the general assembly out there. They could try to bring some kind of an impeachment proceeding or something against her, but I think it’s really unlikely that it will happen. So she’ll just skate through with this with no consequences whatsoever. But it’s a troubling trend, to say the least.”

Ryan asked, “What about a class action civil lawsuit for the people that say you knew you broke the law, you did this and you knew there were going to be lawyer’s fees here. Somebody needs to be held responsible. This despicable governor is taking other people’s money and throwing it away.”

Barkdoll said, “I like the idea of a civil lawsuit. Now, to the extent the sheriffs in these counties have immediately come out and said we’re not going to enforce it, there may be some argument that the people have not been damaged because the people that enforce it are saying we’re just going to ignore it. But to the extent there could be legal fees spent getting this through the court system, it does seem like the governor ought to pay some of that, but I just don’t think it’ll happen. She probably has her own piece of the budget where the taxpayers will essentially subsidize this whole thing on behalf of the governor. It’s just not right.”

Michele Jansen of NewsTalk 103.7FM noted, “This is the danger of the administrative state and large, top-down government where you have these executives that are abusing the process. They’re abusing the process. They know very well that this is unconstitutional. Biden knows that he is trying to use taxpayer money to pay off student loans, that’s unconstitutional. But my fear is, I don’t know triple, quadruple fold. They’re using this for politics, fundraising. We’re allowing activists more and more to become the quote unquote, experts we refer to and become involved in our government in the administrative state and we keep giving them more power by doing these things. We’re bamboozling the American people. We’re turning the Supreme Court into the boogey man that’s stopping you from getting all this wonderful help from the federal government. The problem is their help is infringing on rights and taking away freedoms and then secondly, using your money which really doesn’t exist anymore at the federal government level, it’s all borrowed and printed, but we don’t teach our younger people to know this. So they think if we can make the Supreme Court the boogey man, this is how we get people to come out and vote for all these wonderful things that we want to give them that evil Republicans and the evil Supreme Court keeps them from getting.”

Barkdoll added, “Well said. It’ll take months and months for this to work its way through the court system, even though everyone that’s looking at this issue from the left and the right agrees that it’s illegal action, and it’s just not right. I’m just concerned that we seem to be getting more and more of this at the presidential and governor’s level. I don’t know what the solution is. I mean, we need to all vote of course and address these things at the ballot box, but these executive orders are becoming more and more of a political tool, a fundraising tool, even when they know it’s going to be deemed illegal.”

Jansen said, “Plus the danger of always declaring things a crisis and then doing this stuff. Civil War, the suspension of habeas corpus, the idea that people could be detained and you can’t do anything about it from the government. That was seen as a stain in our history, but that was during the Civil War. We are hardly in a civil war right now, but look at all the ways they’re threatening, oh, health and safety, we need to protect you, as an excuse to take away our rights.”

Barkdoll said, “What’s the famous Churchill quote? Never let a good crisis go to waste. Isn’t that what this feels like? That these governors seize on these things, knowing they’re illegal for their own political benefit.”