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New Mexico Carry Ban


Edward R S Canby, SASS#59971

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The New Mexico Governor using a public health order has banned most open and concealed firearms carry in Albuquerque and the surrounding county.  See this AP article.  The National Association for Gun Rights and the New Mexico Shooting Sports Association will challenge the order in court.  The Zia Rifle and Pistol Club (a large ABQ-based shooting club) is mobilizing its members to engage the state legislature.  The New Mexico State SASS match to be held this week near Albuquerque will be held as scheduled though participants will be affected by the gun transportation requirements.  Some local law enforcement agencies have stated they will not enforce the ban citing concern about infringing citizen's rights and the liability their officers might have for doing so.  Stay tuned.  The public health order was just issued on the 8th and there may be new developments when the work week begins.

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Key phrase! “Refuse to comply”!!

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My sources show there are four lawsuits filed in this matter.  Three ask the court for ex parte restraint or enjoinment of the order on an emergency basis.  The Bernalillo County Sheriff replaced his squishy statement regarding the order with a strong statement against it.  Local law enforcement wants nothing to do with enforcing the order.  Republican state officials are calling for the Governor's impeachment.

 

Update: the Bernalillo County DA declared the public health order unconstitutional and said his office would not prosecute.

 

2nd Update: The New Mexico Attorney General refuses to defend the state on pending lawsuits.  Besides questioning the constitutionality of the public health order, he pointed out that the situation it addresses is a public safety issue and not an "imminent threat of exposure to an extremely dangerous condition or a highly infectious or toxic agent, including a threatening communicable disease."

 

3rd Update:  GOP joins the legal fray.

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Court hearing tomorrow:

 

 

On edit: This is not the NAGR complaint, this one is FPC/SAF/et.al. I have not yet identified the 3rd complaint. (of the 3 I have heard of).

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On 9/11/2023 at 7:46 PM, Edward R S Canby, SASS#59971 said:

2nd Update: The New Mexico Attorney General refuses to defend the state on pending lawsuits.  Besides questioning the constitutionality of the public health order, he pointed out that the situation it addresses is a public safety issue and not an "imminent threat of exposure to an extremely dangerous condition or a highly infectious or toxic agent, including a threatening communicable disease."

The AG letter:

 

https://twitter.com/BrittanyKOB/status/1701664688902398036/photo/1

 

Wonder if the hearing tomorrow will be short...

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JK, I have much more detailed information than I am posting.  Send me you e-mail address and I will send you updates from the Zia R&P Club legislative contact.  We know the identities of all complainants and have links to their filings.

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10 minutes ago, Edward R S Canby, SASS#59971 said:

JK, I have much more detailed information than I am posting.  Send me you e-mail address and I will send you updates from the Zia R&P Club legislative contact.  We know the identities of all complainants and have links to their filings.

PM inbound.

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14 minutes ago, Edward R S Canby, SASS#59971 said:

The Archbishop of Santa Fe thinks the public health order does not violate the 2nd Amendment.

 

Obviously, an authoritative source for "constitutional" law?

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A judge has issued an order to halt the ban! Around 2:55 this afternoon the judge in the case issued a restraining order that takes immediate effect and will last at least until October 3rd.

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27 minutes ago, Blackwater 53393 said:

A judge has issued an order to halt the ban! Around 2:55 this afternoon the judge in the case issued a restraining order that takes immediate effect and will last at least until October 3rd.

Judge Urias is an Biden appointee.

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On edit: The post automatically only put in the first page of the TRO. Full text here:

 

https://assets.nationbuilder.com/firearmspolicycoalition/pages/6842/attachments/original/1694653681/Fort_v_Grisham_Temporary_Restraining_Order.pdf?1694653681

 

Original post follows.

---------------------------

Judge Urias issued a TRO against the state:

 

Fort_v_Grisham_Temporary_Restraining_Ord

 

 

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Governor M L-G narrowed her carry ban to public parks and playgrounds where children and their families gather.  See https://www.koat.com/article/nm-governor-lujan-grisham-gun-ban-amendment/45159712.  This change doesn't pass the smell test.  These parks are frequented by predatory gangs and drug dealers.  Prudent parents arm themselves before taking their children there.  

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10 hours ago, Buckshot Bob said:

From what I’ve read she’s got nothing to narrow down. The judge put a stay on the whole thing 

No, just the carry restrictions. There are two ERs, one from the governor and one from the health department. The judge restrained one section from each of them, the remainder of the ERs directives are still in force.

 

On edit: See pages 10 and 11 of the TRO

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Now there is a new modified order:

 

https://cv.nmhealth.org/wp-content/uploads/2023/09/NMAC-EO-2023-130-132-Amended.pdf

 

There are two sections I am not sure how to interpret.

 

Section 1 is rewritten to only apply to parks and other areas where children play instead of applying county-wide.

 

A new section 7 has some legal mumbo jumbo which suggests the new section 1 may be enjoined by the existing court order.

 

 

 

 

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Does the governor have security when:

  • In a state building
  • Around children

Seems those state police protecting her (assumption) should not be armed with more than pepper spray and a baton. 

 

People need to quit accepting that our leaders live by different rules.  I know that the anti gun half accepts this when it is related to guns only but I am consistent.  Protection, social security, health care, insider trading etc etc etc.

 

Even her fellow rats are abandoning her.  Not enough but some.

 

The problem is the social ills they have promoted and yet they blame a gun and take away good peoples rights.  The good people always pay.  They want a lawless society except for people being able to protect themselves.  

 

Cut her security detail.

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  • 2 weeks later...

The gun injury report was released.  I find the following statement from the article interesting.  The southern half of the state is more conservative than the northern half.  The southeast corner is oil field country (Permian Basin) and is especially conservative.  

 

Gun injury rates aren’t the same across the state, the report shows. The Metro health region (which includes Albuquerque) saw a 22% increase in the number of firearm injury emergency department visits from July 2021 to June 2023. The southern half of the state didn’t see an increase, and the southeast actually saw a 32% decrease over that time.

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2 hours ago, Edward R S Canby, SASS#59971 said:

The gun injury report was released.

 

Another interesting fact, you would stop about 95% (I forgot the actual percentage, but it was unbelievable high) if you banned liberals from having guns!

 

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I'm having trouble with Chart 8. Several other questions about the report, but #8 is glaring. Look close.

 

It is a chart showing age-adjusted death rate. It is "age adjusted" to the US population in the year 2000...

 

I think the chart is showing what the New Mexico death rate from firearms would have been if the New Mexico age distribution today was the same as the age distribution for the entire US 23 years ago. So it is not the New Mexico actual numbers today...

 

And the only reason to make such an adjustment is to make the numbers have a certain look.

 

The report should at least (most) report the actual New Mexico numbers like each column is actually labelled. And like the governor asked for in the EO.

 

I do not accept the report as presented, it requires peer review not just of the conclusions, but also the data the report is based on and review of how the data was massaged..

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The hearing in federal court is scheduled for tomorrow!!

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On 10/2/2023 at 6:40 AM, Blackwater 53393 said:

The hearing in federal court is scheduled for tomorrow!!

The restraining order on the public health order was extended until October 11th.  See https://www.krqe.com/news/albuquerque-metro/judge-extends-temporary-restraining-order-on-governors-amended-gun-ban/.

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