In a news conference in Santa Fe on September 8th, the governor of New Mexico, Michelle Lujan Grisham, speaks on the current situation surrounding a lawsuit filed against her by the National Association for Gun Rights. After the shooting deaths of an 11-year-old boy on his way home from a minor league baseball game, a 4-year-old girl in her bed, and a 13-year-old girl in Taos County, as well as two mass shootings, all from July through September, she issued an emergency order declaring gun violence a public emergency. The order suspended open and concealed carry laws.
The order went into immediate effect, temporarily banning the carrying of guns on public property as well as state property (schools, parks, state buildings). New Mexico's regulation and Licensing division will also be inspecting licensed firearm dealers monthly to ensure that they are following the law. Citizens who have permits are still allowed to carry guns on private property if the weapon is kept in a locked box.
Dudley Brown, president of the National Association for Gun Rights, accused Michelle Lujan Grisham of "throwing up the middle finger to the constitution and Supreme Court." The National Association for Gun Rights argues in their lawsuit that her order is a violation of the Second Amendment. The Bill of Rights, in which the Second Amendment exists, was ratified in 1791, despite critiques by James Madison (among others), in order to help form a more unified nation. It includes the first 10 amendments of the Constitution which guarantees civil liberties and fundamental rights. The National Association for Gun Rights was referring to the Second Amendment, which provides citizens with the right to bear arms. The text itself reads: "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."
Gun violence is no news to Americans, as it's something that occurs far too often. In 2021 alone, there were 48,830 gun deaths in America, and the average annual gun death count is 40,000. In 2020, 79% of homicides were caused by firearms. 53% of suicides were caused by firearms. The numbers are crystal clear. With the death toll rising every single day, and more news of mass shootings, school shootings, murders, and suicides coming out regularly, it is clear that action must be taken. Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, says it perfectly: "[If the order] makes it so that people think twice about using a gun to solve a dispute, it makes them think twice that they don't want to go to jail, then it will work."
Abby L
https://www.cnn.com/2023/09/10/politics/new-mexico-gun-violence-michelle-lujan-grisham/index.html
https://www.theguardian.com/us-news/2023/sep/10/new-mexico-gun-restrictions-lawsuit
https://www.cdc.gov/media/releases/2022/s0510-vs-firearm-deathrates.html
https://www.thoughtco.com/overview-of-the-second-amendment-721395#:~:text=Below%20is%20the%20original%20text%20of%20the%20Second,keep%20and%20bear%20arms%2C%20shall%20not%20be%20infringed.
https://www.reference.com/world-view/bill-rights-added-united-states-constitution-7069efeb6769cdc8
5 comments:
I think it is really interesting how the governor went directly to issuing an emergency order on gun violence, rather than trying to convince the State Congress to pass gun control legislature. That probably shows how strong the pro-gun sentiment in New Mexico is, and she probably knew it would be a long and likely unsuccessful battle. Also, the arguments about Grisham going against the Constitution remind me of the controversy over Lincoln's suspension of habeas corpus during the Civil War, despite the Constitution specifically saying the suspension of habeas corpus was prohibited unless it was required in a time of war or rebellion. I wonder if there is any similar legal defense Grisham can use to defend herself -- perhaps, because people can still carry weapons with permits, that is enough of a defense? "The right to bear arms" is pretty vague, it could mean anything from all people should be allowed to carry any weapons in any way to any place at any time or be more restrictive like only people with permits being allowed to carry guns, only on private property, and only in a locked box.
I understand that the 2nd Amendment in the Constitution gives citizens the right to bear arms, but I think the emergency order that was issued on gun violence by the governor was absolutely necessary. Young children are being killed -- a FOUR year old was killed in her bed. I think it is about time for a state to address this major issue that is affecting all states in America. If she was able to issue this emergency order, it makes me wonder why other states haven't issued this if they have had multiple mass shootings? I think the hate the governor received for implementing this order was expected, but also a little surprising. Guns weren't banned for good. Instead, it was a temporary order to protect the residents in New Mexico. Guns were still allowed on private property, just not on public property like schools, parks, etc. In my opinion, guns should never be present on these public properties, especially places where kids are often found playing or roaming around. All New Mexico is doing is regulating guns which should be done in all states.
The executive order does make sense. You could (for all practical reasons) say that the governor's state is in a state of emergency due to gun violence. And in states of emergency some civil liberties are curved (ex. curfews enacted, more government surveillance, etc.). One could argue that the ban on concealed carry handguns is essentially the same. While the governor should have gone through the state legislature there is of course, almost no chance that the state government, set up the way it is, would be able to enact any gun control legislation. Even if by some miracle it did, such legislation would still be challenged by gun rights activists (possibly) misinterpreting the 2nd Amendment.
Stricter gun violence policies are absolutely necessary, especially in a State such as New Mexico. The state has one of the highest gun fatality rates and suicide rates in the country, and the state's relaxed policies are reflected by these statistics. Although I agree with the sentiment of the executive order, I wonder the consequences of the defiance of constitutionality that come with it. According to the CNN article on this issue, it states that even democrats are hesitant with the constitutionality: According to Democratic Rep. Ted Lieu of California, he states: “I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution...No state in the union can suspend the federal Constitution.” I wonder what the outcome of this lawsuit will be.
While gun violence is a critical issue and there should be more gun control, I don't think the suspension of open and concealed carry part of the emergency order was a smart move. A temporary ban won't make a real impact on the number of deaths due to gun violence in the long run, and the controversy it's causing is taking attention away from more systemic changes that need to be implemented, like waiting periods and background checks, and giving guns rights groups more ammunition. Governor Grisham did include monthly inspections of gun dealers in the order. I hope that will lead to more substantial change in gun safety policy. Interestingly, both the House and Senate of New Mexico's legislature is Democratic-controlled. Governor Grisham passed a gun-safety act earlier this year, though it was focused on storage and probably less controversial: https://www.governor.state.nm.us/2023/03/14/governor-signs-house-bill-9-the-bennie-hargrove-gun-safety-act/.
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