On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. The link to the September 8 Emergency Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

During the one week after the Emergency Public Health Care Orders were issued, all hell broke loose consisting of protests by armed citizens, 5 federal and 1 state lawsuits were filed, a federal court hearing on a temporary restraining order, calls for impeachment, and calls for a special session to deal with the state’s high violent crime rates.

On Friday, September 15, Governor Michelle Lujan Grisham announced an Amended Public Health Emergency Order. The amended order scales back the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County. The link to the September 15 Emergency Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

U.S. HOUSE RESOLUTION CONDEMNING NEW MEXICO GOV. MLJ

It was Republican Washington U.S. Rep. Dan Newhouse who introduced the Congressional Condemnation Resolution.  The resolutions is a mere 3 pages long.  It contains simplified  “WHEREAS” pronouncements of what the Governor did and said and proclaims the Governor violated her oath of office and infringed on Second Amend Rights to bear arms.

The resolution describes the Governor’s emergency health care order and how it suspends the right to carry open and canceled firearms for 30 days and describes how fines and civil penalties can be imposed for exercising Second Amendment rights. The resolution summarizes 3 specific landmark United States Supreme Court cases that guarantee a person’s right to bear arms.

The resolution cites how United States District Court Judge David Urias issued a temporary restraining order against 2 provisions of the emergency order and how Attorney General Raúl Torrez declared he would not defend the orders. The condemnation resolution quotes the Governor as saying “No Constitutional right in my view, including my oath, is intended to be absolute”.

The condemnation resolution quotes New Mexico’s oath of office requiring an elected official to affirm they must faithfully and impartially discharge duties of office and argues Lujan Grisham violated her oath of office.

The resolution abruptly ends with the following condemnation language:

“The House of Representatives condemns the actions of Governor Michelle Lujan Grisham for blatantly violating the Second Amendment to the Constitution and depriving the citizens of New Mexico of their right to bear arms.”

You can read the full resolution here:

Click to access H.%20Res.%20684%20Text.pdf

Republican Washington U.S. Rep. Dan Newhouse who sponsored the Condemnation Resolution said this at the time of introduction:

“The shocking move from Governor Grisham is a blatant subversion of the United States Constitution and a violation of her oath of office. … It strips away the protection of individual rights and freedom, which sets a dangerous precedent for the rights of … Americans across our nation.”

SPIRITED DEBATE IN HOUSE RULES COMMITEE

On September 18, a hearing was held by the House Rules Committee on the Condemnation Resolution and the resolution is tied to the continuing resolution to keep the government funded for the next month. The resolution resulted in a spirited debate.

Wisconsin Republican Congressman Tom Tiffany  brought the resolution forward to the House Rules Committee on rules on September 18 and said this:

“It condemns the unconstitutional order of New Mexico Gov. Michelle Lujan Grisham that bans New Mexico citizens from carrying firearms in the city of Albuquerque and Bernalillo County.”

Committee Democrats accused Republicans of using the Governor Michelle Lujan Grisham’s executive order as a political stunt.

U.S. Rep. Jerry Nadler, D-New York said this during the committee hearing:

“This resolution does absolutely nothing. It is plainly a waste of time intended to distract us from Republicans’ failure to responsibly govern.”

U.S. Rep. Jim McGovern, D-Mass., echoed Nadler’s sentiment and said this:

“I just want to say for the record I can’t believe we’ve spent all this time talking about a nonbinding resolution. … I mean, really, with all that’s going on with regard to gun violence, with all that’s going on with regard to the government about to be shut down, this is how we just spent all this time? I hope you’re all proud of yourselves.”

Rep. Tom Tiffany, R-Wisconsin took issue with the Democrats and said the resolution “recognizes our Second Amendment rights” and condemns the governor’s “unconstitutional order” prohibiting New Mexicans from carrying firearms throughout Bernalillo County. Tiffany said this:

“The order has nothing to do with public health and only serves to infringe New Mexicans’ rights while not preventing crime or violence. … You don’t have to take my word for it. … New Mexico Attorney General Raúl Torrez, a Democrat, warned only responsible gun owners are likely to abide by the ban. … This ban is not only bad policy detrimental to public safety, but it is blatantly unconstitutional. The Second Amendment is not a mere suggestion.”

New Mexico Congresswoman Teresa Leger Fernandez a member of the House Rules Committee, did not directly address the resolution during the Rules Committee meeting. Rather, she advocated for gun violence protection laws to keep children safe and Congress’ duty to pass a budget. Leger Fernandez said this:

“What we’ve done in the last few weeks here, when we have incredibly important work to do with regards to funding our federal government, is actually spent a lot of time in this chamber attacking the rights of states under existing law to do stuff. … We attacked California last week. This week, we ended up attacking my beloved New Mexico, and the reality is that gun violence is a tragic, tragic matter that affects every single one of our communities.”

Wisconsin Republican Congressman Tom Tiffany disputed the resolution was an attack on New Mexico and said this:

“That’s not it at all. … We’re rebuking the governor for trying to deny people their Second Amendment rights. This isn’t against the people of the state of New Mexico.”

CONDEMNATION RESOLUTION STALLS

On Monday, September 18, the Condemnation Resolution passed the Rules Committee and was expected to be voted upon by the full house on Tuesday September 19,  but that did not happen. According to news reports, what did happen is the resolution got caught up with the legislation dealing with the legislation to fund the federal government and the looming shutdown of the federal government.

According to a September 21 Albuquerque Journal report, a Republican spokesman who asked not to be identified, told the Journal that while there “wasn’t a problem specifically with the resolution” house Republicans assumed it would not pass so they pulled the resolution from the house floor in order to pair it with a defense spending bill that was voted down the same day. The move was to tell members of the Republican Freedom Caucus that “if your voting against the bill, your voting against the second amendment.” 

According to the news report, the condemnation resolution will again be taken up by the House  Rules Committee again to discuss what condemning the Governor actually does.

See September 21, Albuquerque Journal article entitled “House resolution condemning governor stalls”:

https://www.abqjournal.com/news/a-u-s-house-resolution-condemning-the-new-mexico-governor-for-her-temporary-gun-ban/article_3068984c-5754-11ee-941c-3788afa25248.html

NM DEMOCRATIC PARTY AND GOVERNOR LUJAN GRISHAM REACT

Daniel Garcia, a spokesman for the Democratic Party of New Mexico said this in a statement:

“Instead of focusing on a politicized non-binding resolution, [House Speaker] Kevin McCarthy and House Republicans should be doing their jobs and working with Democrats on the most consequential issue facing Congress today, avoiding a government shutdown. … But McCarthy and House Republicans would rather grandstand and distract while they hold the country hostage and send us further down the road toward a government shutdown.”

Governor Lujan Grisham’s office issued the following statement:

“Republicans in Congress have already shown they won’t lift a finger to get guns out of the wrong hands. … The fact is that they lack the courage to take on the National Rifle Association and far-right special interests. …  Gov. Lujan Grisham knew there would be challenges to her decision and people who didn’t understand the need for swift, bold action. … The governor is focused on what New Mexico needs right now, and what can be done to make people here safe. She is not focused on Washington D.C., and the grandstanding by Republicans who are trying to score political points rather than taking action on the national crisis of gun violence.”

The resolution now heads to the House floor for an expected vote.

The link to the quoted news source is here:

https://news.yahoo.com/vasquez-support-u-house-resolution-233400201.html

NEW MEXICO’S CONGRESSIONAL DELEGATION RESPONDS

All 3 of New Mexico’s members of the United States House of Representatives commented on how they intend to vote on the Republican Condemnation Resolution. Congressman Gabe Vasquez said he would vote YES while Congresswoman Melanie Stansbury and Congresswoman Teresa Leger said they would vote NO.

CONGRESSMAN GABE VASQUEZ

Congressman Gabe Vasquez, who is running for a second term and who is again running against former Congresswoman Yvette Harrell,  who he defeated in 2022,  said this:

“I plan to vote yes on House Resolution 684. As a responsible gun owner, I will continue to support common sense solutions that reduce gun violence, such as the Bipartisan Background Check Act and Ethan’s Law, in addition to the proposals we need to support in the state of New Mexico, like the Bennie Hargrove Gun Safety Act. …We must produce constitutional, legal and enforceable solutions that will help protect our children and our families.”

While Congressman Vasquez said he would vote for the resolution, he clarified in subsequent interviews that it’s less a condemnation of the governor and more about the need to protect the rights of gun owners. Vasquez said this:

“We need to focus the conversation on that and produce constitutional, legal, enforceable solutions that are going to help out children and our families. … I do appreciate the governor being able to actually bring this conversation to the forefront, because we can’t sustain this. … There are families that are suffering in places like Albuquerque and Bernalillo County.  They need to have a fair shot at living a safe life in their neighborhoods and in their communities. … The fact that we’re even voting on this in Congress right now is a little bit…ridiculous. … When we have to keep the government open, we just can’t focus on this stuff. …

When Vasquez was asked if he made the decision to vote “yes” based on the fact he is running for a second term, he said this:

“I will always represent my constituents in this district that feel the same way that I do. And so this had no impact on the re-election for this particular race in the district that I’m running.”

Former Congresswoman Yvette Herrell who is running against Vasquez said this:

“It’s unfortunate that it took 11 days and a literal act of Congress to shame Gabe Vasquez into condemning the governor’s blatant violation of our constitutional rights. When I’m in Congress, New Mexicans will never have to guess where I stand when it comes to protecting the Second Amendment.”

CONGRESSWOMAN TERESA LEGER FERNANDEZ

U.S. Rep. Teresa Leger Fernandez who represents northern New Mexico’s Second Congressional District, as she participated in the committee debate, made it clear she believes the resolution is distracting lawmakers from addressing the looming shutdown. Leger Fernandez said this

“We have federal responsibilities to the American people, including those who are working for the federal government, relying on what the federal government needs to get done, and in states like mine that require and depend on federal action. … This week, we ended up attacking my beloved New Mexico. And the reality is that gun violence is a tragic matter. … People want to make sure that guns don’t fall in the hands of those who have it. And the easiest thing is to do a universal background check.”

CONGRESSWOMAN MELANIE STANSBURY

Albuquerque area Progressive Democrat Congresswoman Melanie Stansbury announced that she would not be voting with Republicans and would not vote for the resolution condemning the Governor. Stansbury said this:

“I will vote NO on the GOP’s efforts to undermine New Mexico’s executive and distract from House Republican’s complete inability to govern and pass a budget as they careen the U.S. government towards a shutdown. As millions face the prospect of not knowing how they’ll pay their bills, extremists in the GOP are pulling political stunts rather than addressing the needs of the American people, including the epidemic of gun violence. New Mexicans understand that and know we must take action.”

COMMENTARY AND ANALYSIS

The blunt truth is that the Congressional Condemnation Resolution is nothing but a publicity stunt by the Republican Freedom Caucus.  The resolution is as “useless  as teats on a boar hog” other than to give oral gratification to someone, which in this case is the Republican Freedom Caucus. The United States Congress has no authority over Governor Lujan Grisham, it can not strip her of any of her powers or authority, it can not impeach her. Even if passed by the House, it would not be forwarded to the Senate for a vote where it would likely fail.  It amounts to nothing more than a press release and a written tongue lashing and one big waste of time.

FREEDOM CAUCUS STRANGLE HOLD OVER CONGRESS

There are 435 voting members and 6 non-voting members in the United State House of Representatives with 218 constituting a majority who elect the Speaker of the House who appoints all committee chairpersons. The current majority is 221 Republicans and the minority is 212 Democrats with 2 vacancies.

Complicating matters for the Republican majority is the Republican Freedom Caucus members and allies who are among the most conservative of House Republicans. Most Freedom Caucus members fall on the far-right end of the spectrum.  They refuse to compromise on the issues of abortion, gun control and demands for spending cuts. They are the epitome of MAGA Republicans and all things Donald Trump. Former Congresswoman Yvette Herrell was member of the Republican Freedom Caucus and she is a staunch supporter of Donald Trump. Former Congressman Steve Pierce and now New Mexico Republican Party Chairman was also member of the Freedom Caucus and he too  is a staunch Trump supporter.

It took an historic 15 ballots for Speaker of the House Kevin McCarthy to win the speaker’s gavel, but not until he agreed to ensure more Freedom Caucus representation on the powerful Rules Committee and other key panels.  It was the Rules Committee that voted on the Resolution to condemn Governor Michelle Lujan Grisham and who have made it a part of the continuing resolution to keep the government funded.

MOTIVATION OF CONDEMNATION RESOLUTION

It does not take a rocket scientist to figure out exactly why the Republicans in the United States House of Representative are doing their damndist  to condemn the actions of Democratic Governor Michelle Lujan Grisham. It has nothing to do with what is in best of the State of New Mexico and its people, which they could not careless about, but everything to do with their efforts to retain their control of the House of Representatives.

Their efforts all centers on Republican motivation to keep control of the United States House of Representatives by making sure they help return to congress one of their most ultra right-wing conservatives and former member of the congressional Freedom Caucus Yvette Herrell.

Confidential sources have confirmed that former Freedom Caucus members Steve Pierce and Yvette Herrell called in a few favors to have the condemnation resolution introduced.  Pierce and Herrell did so for two major reasons:

First: Disparage Governor Lujan Grisham and drive her approval ratings down in New Mexico and perhaps derail her possible future Presidential appointments.

Second:  Force Congressman Gabe Vasquez to go on record as supporting gun control measures in order to gin up opposition to him by both Democrats and Republicans who are Second Amendment advocates.

A VULNERABLE CONGRESSMAN

Congressman Gabe Vasquez is considered one of the most vulnerable House Democrats seeking reelection in 2024. His vulnerability should not come as any surprise to anyone seeing as Vasquez beat Congresswoman Yvette Herrell by a mere 1,350 votes, or by less than 1%, of the vote, in 2022 in an upset victory. His election was fueled in part by the congressional redistricting that included portions of Albuquerque’s South Valley in the Second Congressional Districts. The partisan lean of the 2nd Congressional District has gone from plus 14% Republican to plus 4% for the Democrats following redistricting.

Congressman Gabe Vasquez has only been in office 9 months.  He has been very deliberate and cautious not to come across as too progressive or too supportive of President Joe Biden in order not to offend many of his more conservative constituents. Vasquez has twice failed to appear with President Biden when he has visited the state in the last year. The cautious approach is the identical strategy used by former Democratic House embers  Xochitl Torres Small and Harry Teague who both lost the seat after just one term to their Republican opponents Steve Pierce and Yvette Harrel respectively.

The Congressional Resolution condemning Governor Michelle actions declaring gun violence and illegal drugs a public health emergency and the Emergency Health Orders banning the carrying of firearms has placed Congressman Gabe Vasquez in an awkward position. Not to support the resolution would expose him to Republican attacks portraying him as anti-Second Amendment by voting against the resolution.

By voting in support, Vasquez will take heat from some from Democrats statewide, but his narrative will be that he’s showing he’s not just a rubber stamp for the Democratic party. What will help give him cover is the fact that prominent Democrats in law enforcement have also said they oppose the Governor’s orders.  Democrats Attorney General Raul Torrez, District Attorney Sam Bregman and Bernalillo County Sherriff John Allen have said they will not enforce nor defend the Governor’s Emergency Health Orders believing them to violate the US Constitution and the Second Amendment. The fact that United States District Court Judge David Urias issued a retraining order declaring two provisions of the Emergency Health Order unconstitutional gives Vasquez further cover.

A DEAD HEAT POLL

On September 18,  KOB-TV released an exclusive poll it commissioned with SurveyUSA. According to the poll former Republican Congresswoman Yvette  Herrell leads Democrat  Gabe Vasquez by a single percentage point with 46% to 45% with a margin of error of 4.8 percent reflecting a dead heat race.  9% said they were undecided.  The poll was done September 6-12 among 541 likely voters.

Pollster Ken Alpher says voters have a good idea of what to expect from Herrell and Vasquez.  Alpher said this:

“They’re known quantities. … It’s absolutely possible that something could happen, there could be a huge story, somebody could flub a debate, or anything that could make a huge difference.”

Quoting the poll:

“Democrat Gabe Vasquez defeated one-term Republican Yvette Herrell by just 1,350 votes in the 2022 election for United States House of Representatives in New Mexico’s 2^nd Congressional District … and SurveyUSA’s first polling on the 2024 election rematch between the same two candidates indicates, at least at this early date, that little has changed for voters here.

SurveyUSA’s exclusive polling for KOB 4 in Albuquerque today shows a dead heat, 46% to 45%, with Herrell the nominal single point atop Vasquez, and 9% of likely voters saying they are undecided. Each candidate has effectively identical net favorability ratings, with Herrell at +6 (38% favorable, 32% unfavorable) and Vasquez at +5 (33% favorable, 28% unfavorable).

Among men, Herrell leads by 13 points; among women, Vasquez leads by 9, a 22-point gender gap. White voters back the Republican by an 11-point margin; non-white voters support Vasquez by 7. Herrell is up by 12 points among likely voters with high school educations and by 7 among those who have some college; Vasquez leads by 11 among those with 4-year college degrees. Regionally, Vasquez leads by 12 points in urban parts of the district and has a very slight 3-point edge in the suburbs; Herrell leads by 18 points in the rural plurality of the district.”

The link to the SurveyUSA poll is here:

https://www.surveyusa.com/client/PollReport.aspx?g=c822b950-c017-4832-90db-9842e97a28a7

The link to KOB TV news report is here:

https://www.kob.com/new-mexico/buckle-up-new-mexico-4-investigates-poll-shows-neck-and-neck-for-herrell-vasquez/

CONCLUSION

There is absolutely no doubt that Republicans are salivating over the prospect that former Republican Congresswoman Yvette Herrell will repeat history and again defeat another first term Democratic Congressional Representative.  No matter what the polls say now what looms large over the race is Donald Trump. A lot  can and will happen in a very volatile election year.

If Trump is fact the Republican nominee  he will  impact the race. A landslide loss or victory by former President Donald Trump in New Mexico will likely decide the outcome of the race between Vasquez and Herrell.

Links to quoted news sources are here:

https://www.santafenewmexican.com/news/local_news/n-m-democrat-will-support-gop-backed-resolution-condemning-governors-gun-ban/article_746436b4-567d-11ee-bb7a-ef22313f22b2.html

https://gazette.com/news/wex/vulnerable-democratic-house-member-forced-to-condemn-governors-gun-restriction/article_34caa1a8-345d-523f-ba7d-4e112c218385.html

https://www.koat.com/article/rep-gabe-vasquez-will-vote-to-condemn-governor/45214373

https://www.koat.com/article/house-representatives-condemn-governors-actions-new-mexico/45212937

https://www.kob.com/new-mexico/rep-gabe-vasquez-to-vote-yes-to-condemn-mlgs-public-health-order/?utm_medium=onsite&utm_campaign=thumbnails&utm_source=zetagloba

https://www.koat.com/article/house-committee-condemn-new-mexico-governor/45196288#

https://www.kob.com/new-mexico/rep-gabe-vasquez-to-vote-yes-to-condemn-mlgs-public-health-order/

https://www.krqe.com/news/new-mexico/new-mexico-lawmakers-weigh-in-on-congressional-action-against-governor/

On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. The link to the September 8 Emergency Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

The September 8 Emergency Public Health Order was issued in response to recent shootings, including the death of an 11-year-old boy outside Isotopes Park in a road-rage incident and the shooting death of a 5-year-old girl who was asleep in a mobile home. The governor also cited the shooting death in August of a 13-year-old girl in Taos County.

During the one week after the Emergency Public Health Care Orders were issued, all hell broke loose consisting of protests by armed citizens, federal and state lawsuits filed, a federal court hearing on a temporary restraining order, calls for impeachment, and calls for a special session to deal with the state’s high violent crime rates.

On Friday, September 15, Governor Michelle Lujan Grisham, held a news conference and announced an Amended Public Health Emergency Order. The amended order scales back the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County. The link to the September 15 Emergency Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

REPUBLICAN LEADERSHIP CALL FOR SPECIAL SESSION

On September 15, the NM House Republican Caucus, the NM Senate Republican Caucus and the Republican Party of New Mexico in response in part to the Governor’s Emergency Heath Orders issued a press release calling on Governor Lujan Grisham to immediately convene the Legislature in Special Session to deal with crime or force an Extraordinary Session by petition. In the press release, the Republicans listed 10 crime bills they sponsored that were introduced in the 2023 session that failed to be enacted blaming the Democrat majorities in both chambers,

In their press release, the Republicans said in part:

“The New Mexico House Republican Caucus …  calls on Governor Lujan Grisham to immediately convene the Legislature in Special Session … to address the crime crisis in New Mexico. Absent action by the Governor to immediately address crime through the proper legislative channel, House Republicans are prepared to circulate a petition to convene the State Legislature in Extraordinary Session.   …  

“It is disingenuous for anyone to assert that Republicans ‘have no plan to tackle crime,’ said House Republican Leader Ryan Lane (Aztec). … Our Caucus has been fighting to address this growing crisis only to be ignored by Democrats in the Legislature. If Democrats are truly serious about crime, then let’s come back to Santa Fe and quickly pass these bills.”

The list of bills provided by the Republicans that failed during the 2023 legislative session are as follows.

• HB 509 Pretrial Detention Presumption.  The bill provides a process of presenting cases where the defendant should be detained prior to trial and also provides due process protections for the defendants
• HJR 9 Denial of Bail.  The bill would have allowed the legislature to set conditions under which defendants may be denied bail
• HB 58 Additional Violent Felonies.  The bill would have added 12 additional crimes to the list of qualifying charges for New Mexico’s three strikes law.
• HB 59 Unlawful Firearms While Trafficking. The bill would have created a 3rd degree felony of unlawful carrying of a firearm while trafficking a controlled substance.
• HB 60 Enhanced Sentencing for Fentanyl.  The bill would have created a sentencing enhancement for fentanyl possession: 3-year enhancement for 24-49 pills. 5-year enhancement for 50-74pills and 7-year enhancement for greater than 75 pills.
• HB 61 Felons in Possession of a Firearm. The bill would have increased sentence from 3 to 6 years in prison for felon in possession and up to 6 years if the felony offense constituted a violent offense
• HB 155 Aggravated Battery on a Peace Officer. The bill would have made  the crime of aggravated battery against a peace officer a second degree felony (nine years and up to $10,000) instead of a third degree felony (three years and up to $5,000), if the battery inflicts great bodily harm or is done with a deadly weapon or in any way that inflicts great bodily harm or death
• HB 341 Court-Ordered Drug or Health Treatment. The bill would have require the courts to determine if a criminal may require drug, alcohol, or mental health treatment, and order the defendant to seek that treatment
• HB 458 Felons and Firearms Penalties. The bill would have increased the penalty for a felon in possession of a firearm or destructive device from three years imprisonment, an ordinary third-degree felony, to five years imprisonment, and seven years for a serious violent felon.
• HB 485 Child Sex Offense Penalties.  The bill would have enhanced penalties for sexual exploitation of children, among other statutory changes.

DEMOCRAT GUN CONTROL MEASURES OPPOSED BY REPUBLICANS

As the NM House and Senate Republican Leadership remind Democrats of failed crime legislation they sponsored in the 2023 legislative session, the Republicans in turn need to be reminded of all the gun control measures Republicans refused to support in the same 2023 legislative session.

In the 2023 New Mexico 60-day legislative session, upwards of 40-gun control measures were introduced, but only 10 were seriously considered and of those 10, only 2 made it through the session to become law.

When the session began on January 17, Governor Michelle Lujan Grisham in her “State of the State” address  announced  her support of the following 4 gun control measures:

• Banning the sale of AR-15-style rifles.
• Allowing crime victims to sue gun manufacturers.
• Making it a crime to fail to properly secure a firearm that’s accessible to an unsupervised minor.
• Closing a loophole in state law to allow prosecution when a person buys a gun for a someone who isn’t legally able to make the purchase themselves, a transaction known as a straw purchase.

Only two of the four measure’s the Governor endorsed were enacted by the legislature. The two measures enacted and signed into law were:

• House Bill 9,  the Bennie Hargrove Gun Safety Act also know as “Bennies Bill” makes it a misdemeanor to negligently allow a child access to a firearm and would make it a felony if that negligence resulted in someone dying or suffering great bodily harm.
• House Bill 306 that is directed at “straw purchases” of firearms and making it illegal to buy a firearm on behalf of someone who’s not allowed to have it or intends to use in a crime. During the March 6 signing of House Bill 306 making it law, Lujan Grisham highlighted the role of House Republican Leader Ryan Lane of Aztec in getting the bill passed.  Lane was the lead sponsor of the measure resulting in other Republican support which is an absolute a rarity for any firearms legislation.

GUN CONTROL MEASURES THAT FAILED

There were 10 major gun-control measure bills introduced and seriously considered in the New Mexico House or Senate, all opposed by the Republicans.  Eight of the measure failed and those measures were:

• House Bill 50 would have prohibited magazines with more than 10 rounds.
• House Bill 72 would have prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
• House Bill 100 would have established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
• House Bill 101 as written would have made it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.  It would restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms.
• Senate Bill 44 would have made it a misdemeanor to carry a firearm within 100 feet of a polling location on election day or during early voting. On-duty law enforcement officers and security personnel would be exempt.
• Senate Bill 116 would have established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine. The bill would have effectively raised the minimum age for buying an AR-15-style rifle from 18 to 21.
• Senate Bill 171 sought to ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
• Senate Bill 428 would have revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.

CRIME AND PUNISHMENT AND GUN CONTROL

The backdrop to all the proposed NM Republican “crime and punishment” legislation measures as well  NM Democrat “gun control” legislation  measures that were considered by the 2023 New Mexico legislature are New Mexico’s and Albuquerque’s high crime rates as well as the proliferation of gun violence.

PROLIFERATION OF GUNS

Discussion of gun violence and crimes must begin with the astonishing proliferation of guns in the United States and in New Mexico In 2023, it is estimated the United States now exceeds 400 million guns.  To put this in perspective, there are 53,267-gun shops and only 15,876 Macdonald’s in the U.S.

https://robarguns.com/gun-sales-in-the-us-by-state

About 81 million Americans, or 31% of all adults, own an average of 5 guns each.

https://americangunfacts.com/gun-ownership-statistics/

Americans own nearly half (46%) of all civilian-owned guns worldwide, and we own more per capita  than any other country on earth.

https://www.cnn.com/2017/10/03/americas/us-gun-statistics/index.html

MASS SHOOTINGS

The Gun Violence Archive is an online archive of gun violence incidents collected from over 7,500 law enforcement, media, government and commercial sources daily in an effort to provide near-real time data about the results of gun violence. GVA is an independent data collection and research group with no affiliation with any advocacy organization. Gun Violence Archive (GVA) is a not-for-profit corporation formed in 2013 to provide free online public access to accurate information about gun-related violence in the United State.

The Gun Violence Archive defines a MASS SHOOTING as four or more people, excluding the shooter, being shot.

https://www.gunviolencearchive.org/about

Over a 35-year period, during the five administrations between Presidents Ronald Regan and Barack Obama (1981-2016), there was an average of 44 mass shooting victims per year with 22 deaths and 22 injuries. During the first three years of Donald Trump’s administration (2017-2019) the United States witnessed a nearly 900% increase in total deaths and injuries in mass shootings, per year, to 377 annually (108 deaths and 269 injuries).

The Gun Violence Archive (GVA) reported that there were over 5,000 more fatal shootings during Joe Biden’s first year in office compared to Donald Trump’s first year as president.  According to the Gun Violence Archive, the United States saw 44,868-gun deaths in Biden’s first year as president. The total number of murders, justifiable self-defense homicides, and accidental homicides involving firearms were 20,783 in 2021, compared to 15,727 in 2017 when Trump took office.  This means that in the past few years alone, gun violence has increased by 32%.

https://www.wionews.com/world/trump-vs-biden-gun-violence-in-joe-bidens-us-sees-a-sharp-escalation-447054

As of May 21, 2023, the year has seen more mass killings to date than any other year since data collection started in 2006.

https://apnews.com/article/mass-shooting-anniversary-uvalde-buffalo-325b8649c7d34577051ed4118b8dbac4

https://apnews.com/article/mass-killings-record-pace-2023-d685a6cd67e0f449f3f9d1d8713d451c

On May 15, 2023, New Mexico had a mass shooting when 9 people were injured or killed by an 18-year-old male armed with an AR-17 style rifle in a mass shooting in Farmington, New Mexico.  Three women over the age of 70 were killed and 2 police officers injured. The 3 fatal shooting victims were identified as 79-year-old Shirley Voita, 73-year-old Melody Ivie, and 97-year-old Gwendolyn Schofield. Schofield and Ivie were mother and daughter. Police identified the suspect as 18-year-old Beau Wilson who was shot and killed by police.  He was suffering from mental illness and went on a rampage.

According to data compiled by the Gun Violence Archive, 2023 is on pace to become the deadliest year for mass shootings in recent history.  As of July 4, the U.S. has reported 346 mass shootings. This is the earliest in any year the gruesome milestone has been reached since the Gun Violence Archive began tracking them in 2014.  The statistics works out to nearly 1 mass murder per week in the first half of 2023.

GUN VIOLENCE DEATHS

After reviewing the proliferation of guns in the United States, the number of HOMICIDES, the number of SUICIDES the number of GUN VIOLENCE DEATHS, and the number of MASS SHOOTINGS involving guns is in order to fully understand the crisis:

According to the “Gun Violence Archive” the number of HOMICIDES over the last 4 years were as follows:

• 2019: 15,516
• 2020: 19,580
• 2021: 21,020
• 2022: 20,272

The number of SUICIDES over the last 4 years were as follows:

• 2019: 24,090
• 2020: 24,156
• 2021: 24,090
• 2022: 24,090

The number of GUN VIOLENCE DEATHS over the last 9 years were as follows:

• 2014: 12,354 deaths
• 2015: 13,577 deaths
• 2016: 15,148 deaths
• 2017: 15,750 deaths
• 2018: 14,941 deaths
• 2019: 39,606 deaths
• 2020: 43,736 deaths
• 2021: 45,110 deaths
• 2022: 44,362 deaths

The number of MASS SHOOTINGS over the last 9 years were as follows:

• 2014: 272 mass shootings
• 2015: 336 mass shootings
• 2016: 383 mass shootings
• 2017: 348 mass shootings
• 2018: 336 mass shootings
• 2019: 415 mass shootings
• 2020: 610 mass shootings
• 2021: 690 mass shooting
• 2022: 646 mass shootings
• 2023: 346  Mass Shootings (January 9, to July 4, 2023)

As of June 23, 2023 the total number of gun violence deaths stood at 20,416, homicides stood at  8,932, suicides stood at 11,484.  As of July 4, 2023, the total number of MASS SHOOTING stood at 346. 

https://www.businessinsider.com/2020-more-gun-deaths-than-any-year-over-two-decades-2021-3

https://theconversation.com/mass-shootings-in-the-us-have-risen-sharply-in-2020-why-150981

NEW MEXICO FIREAREM OWNERSHIP AND CRIME STATISTICS

New Mexico’s firearm ownership and fatality rates are  among the nation’s highest. In 2016 over 37% of adults in the state lived in a household with a firearm which is 5% higher than the national average according to the think tank Rand Corp. In 2020, New Mexico had the nation’s second-highest violent crime rate.

2021 NEW MEXICO CRIME STATISTICS

New Mexico’s firearm fatality rate is among the nation’s highest. According to the New Mexico Department of Health, there were a total of 562 state residents who died in 2021 due to firearm-related injuries.

This figure is up significantly from the 481 firearm-related deaths in 2020. Of the 562 state residents who died in 2021 due to firearms, 319 cases, were classified as suicides and 243 were classified as homicides.

In 2021 New Mexico law enforcement reported over 28,000 crimes against persons. That includes crimes such as murder, rape, assault, and kidnapping. In 2021, FBI data showed for every 100,000 people in New Mexico, law enforcement reported 2,189 crimes against persons. The only state with a higher rate was Arkansas, which reported 2,276 crimes per 100,000 people.

In 2021 New Mexico law enforcement agencies reported nearly 25,500 instances of assault. That’s 1,872 more than the state reported in 2020. New Mexico law enforcement also reported more homicides in 2021 than the year before.

In 2021 across New Mexico, police reported 193 homicides to the FBI.  That’s 67 more than in 2020.  Not at all surprising is that the majority of the state’s reported homicides were in Albuquerque.

In 2021, New Mexico law enforcement reported to the FBI 822 kidnappings and abductions to the FBI. That put New Mexico at the top of the list regarding kidnappings and abductions per 100,000 people. Kansas, Colorado, and Utah also rank high on the list of kidnappings and abductions per population.

2022 NEW MEXICO CRIME STATISTICS

“Safe Wise” is a national private company that reviews, rates and promotes private home security systems and products. It conducts national surveys on crime statistics and trends and publishes a newsletter on it findings.

https://www.safewise.com/about/#:~:text=SafeWise%20streamlines%20it%20for%20you,they’re%20worth%20your%20time.

On March 13, 2023, Safe Wise published a “State of Safety Report” for New Mexico.  Following are edited notable excerpts from the report:

“New Mexico continues to have higher-than-average crime rates across the board.  … [T]he good news is that both property and violent crime rates are declining year over year. Violent crime fell from 8.2 incidents per 1,000 people to 7.8  but that still gives New Mexico the second-highest violent crime rate in the US, behind Alaska with 8.4 incidents per 1,000.

Property crime fell from 31.8 incidents per 1,000 people to 28.4. New Mexico is one of just a dozen states to see declines in both violent and property crime, but fewer cities reporting crime data to the FBI may also be a factor.”

VIOLENT CRIME IN NEW MEXICO: FEAR VS. REALITY

“New Mexicans have the 8^th highest level of concern about violent crime in the nation with 58% of our State of Survey respondents indicating they worry about it on a daily basis. Concern about gun violence is just a tad lower with 57% of the population reporting daily concern.

• 31% of people in New Mexico reported feeling safe in their state compared to 50% of Americans. Only the residents of Illinois and New York feel less safe in their states.
• 15% of New Mexicans reported having a personal experience with violent crime in the 12 months prior to our survey, which matches the national average but represents an increase of 200% year over year for New Mexico.
• 42% of survey participants report using some form of personal protection— above the US average of 39%. Pepper spraywas the most popular personal safety device carried.
• 48% of New Mexicans say their personal safety has been affected by the COVID-19 pandemic compared to 44% of Americans.”

ATTITUDES ABOUT GUN VIOLENCE IN NEW MEXICO

• “57% of New Mexico respondents named gun violence as a top safety concern—well above the US average of 47%.
• 16% of residents reported experiencing gun violence in the 12 months prior to the survey, up from 5% in our previous report.
• Mass shooting incidents increased 300% in New Mexico during the 2023 reporting year, rising from 1 to 4.
• Firearms are the third-most common method used for both personal safety and property protection in New Mexico.”

 The link to review the full unedited Safe Wise report is here:

https://www.safewise.com/blog/safest-cities-new-mexico/

ALBUQUERQUE CRIME RATES

Albuquerque is at the forefront of New Mexico’s high violent crime rate.  According to legislative data released, the city had about half of the state’s violent crime in 2022 but has just 25% or so of its total population.

The Albuquerque Police Department reported that in November, 2022 gun law violations spiked 85%. The last two years have also been two very violent years for Albuquerque.  The number of homicides in the city have broken all-time records.   In 2021, there were 117 homicides, with 3 declared self-defense reducing homicide number to 114.  In 2022, there were 120 homicides, a historical high.

On Thursday, March 16, 2023 the Albuquerque Police Department (APD) released the 2022 crime statistics along with crime statistics for 2022 for a comparison. During his March 16 press conference announcing the City’s 2022 crime statistics, APD Chief Harold Medina embellished that a  3% drop in  overall total of crime and a 4% decrease in Crimes Against Persons and the 2% decrease in Crimes Against Property was positive movement.  The slight 3% decrease in overall crime was over shadowed by the 24% spike in CRIMES AGAINST SOCIETY which are largely made up of drug and gun offenses and a 71% increase in murders over the last 6 years.

Chief Medina revealed that over the last 6 years, Albuquerque has had a dramatic 71% spike in homicides.  The number of homicides reported over the last 6 years is as follows:

• 2017: 70 homicides
• 2018: 69 homicides
• 2019: 80 homicides
• 2020: 78 homicides
• 2021: 110 homicides
• 2022: 120 homicides

On March 16, in addition to reporting that there has been a 71% spike in homicides, APD officials reported that over the past 6 years there has been a 28% increase in Aggravated Assaults which by definition includes the use of a firearms. Following are the Aggravated Assaults numbers:

• 2017: 4,213
• 2018: 5,156
• 2019: 5,337
• 2020: 5,592
• 2021: 5,669
• 2022: 5,399

Crime rates in Albuquerque are high across the board. According to the Albuquerque Police’s annual report on crime, there were 46,391 property crimes and 15,765 violent crimes recorded in 2021.  These numbers place Albuquerque among America’s most dangerous cities.

Click to access MCCA-Violent-Crime-Report-2022-and-2021-Midyear.pdf

https://www.koat.com/article/albuquerque-homicide-rate-increase/43702586

COMMENTARY AND ANALYSIS

NM House Republican Caucus, the NM Senate Republican Caucus and the Republican Party of New Mexico are always quick to proclaim that they are the “law and order” party as they concentrate on criminal offense laws, propose increases in penalties and say “lock them up and throw away the key.” Second Amendment advocates like to proclaim “guns do not kill, but people kill people” refusing to acknowledge that the proliferation of guns is a major crisis contributing to high violent crime rates.  New Mexico Democrats on the other hand believe that responsible gun control legislation will reduce the availability of guns and in return reduce violent crimes ignoring the importance of prosecution and punishment to reduce violent crime.

There is absolutely no doubt that gun violence and violent crime are out of control in Albuquerque and in the state driven by the proliferation of guns and illicit drugs. Notwithstanding, Governor Michelle Lujan’s Grisham’s Executive Oder as well as the Public Health Care Order are misguided and they are unconstitutional.  Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders are so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms. The blunt reality is that the Governor’s Executive Order and Public Health Order will not result in reducing gun violence nor address the proliferation of guns.

The Governor says she thinks she has seen more attention on resolving the crisis of gun violence than she has ever seen in the past four years because of her Executive Order and Emergency Health Orders. Really, Governor, really? The Governor seems to have totally forgotten about the Farmington killings in May of this year that generated talk of a special session.  On May 15, nine people were injured or killed by an 18-year-old male armed with an AR-17 style rifle in a mass shooting in Farmington, New Mexico.  Three women over the age of 70 were killed and 2 police officers injured. The 3 fatal shooting victims were identified as 79-year-old Shirley Voita, 73-year-old Melody Ivie, and 97-year-old Gwendolyn Schofield. Schofield and Ivie were mother and daughter. Police identified the suspect as 18-year-old Beau Wilson who was shot and killed by police.  He was suffering from mental illness and went on a rampage.

The truth is the Governor’s orders have accomplished nothing other than ginning up Republican and Second Amendment Rights advocates ire that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates.  Rather than issuing executive orders declaring a public health crisis that were ostensibly a knee jerk reaction to the killing of a child in a road rage incident, the Governor’s efforts would be better spent on proposing meaningful legislation she wants in the upcoming 2024 legislative session which begins on January 16, 2024.  The session is the 30 short sessions where the Governor will dictate what measures can be considered.

If Governor Lujan Grisham and Republican and Democratic leadership are indeed sincere about the State’s crime crisis and want more immediate action, a Special Session of the New Mexico Legislature should be convened for the propose of enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.”  A political compromise and trade off between crime and punishment measures and gun control measures should be negotiated that Democrats, Republicans and Independents can live with. The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and responsible gun control laws are needed to reduce the proliferation of guns.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing Act”:

1. Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.
2. Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.
3. Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.
4. Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years
5. Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.
6. Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first-degree felony mandating a life sentence.
7. Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And Violent Crime Sentencing Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

1. Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others. 
2. Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.
3. Prohibited magazines with more than 10 rounds.
4. Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.
5. Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.
6. Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.
7. Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.
8. Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.
9. Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.
10. Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.
11. Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

ESTABLISH MENTAL HEALTH AND DRUG TREATMENT COURT

One major component that is always discussed when it comes to mass shootings and crime involves the failure of our mental health and drug treatment system. New Mexico is also seriously lagging in having sufficient mental health treatment facilities.  The New Mexico legislature should  create and fully fund a mental health and drug treatment court to concentrate on civil mental health commitment hearings and build 3  mental health commitment hospitals in the 3 largest communities in the state. The civil mental health commitment court would be staffed with District Attorneys and Public Defenders with a Specialty Court under the supervision of the New Mexico Supreme Court and with enforcement of the states civil mental health commitment statutes.

FUNDING REQUIRED

On August 23, 2023 New Mexico Secretary of Finance and Administration Wayne Propst briefed lawmakers on New Mexico’s revenues and the status of the state’s financial reserves used to help state government pay its bills.  Propst was joined by economists from the legislative and executive branches of government to share the revenue forecast.  The briefing was one of many that will occur to assist law makers in drafting the state’s annual budget before the 2024 legislative session that will begin on January 16, 2024.

Secretary Propst told lawmakers that New Mexico’s financial reserves have reached upwards of 52% of ongoing state spending this summer resulting in a financial cushion of nearly $4.4 billion.  The financial cushion is being fueled by the incredible oil and gas boom and along with strong consumer spending generating gross receipts tax revenues. The windfall is expected to continue. New Mexico law makers can no longer give the excuse that there is no funding to fully  fund our criminal justice system and now is the time to act.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

Links news materials are here:

https://www.krqe.com/news/politics-government/new-mexico-eyeing-nearly-3-5-billion-in-extra-money/

https://www.kob.com/new-mexico/oil-and-gas-industry-bringing-billions-to-new-mexico-in-the-next-year/

https://www.abqjournal.com/news/unprecedented-times-nm-revenue-boom-to-generate-3-5b-in-new-spending-capacity/article_8ae4aa60-41d6-11ee-8a60-bf79134b7d0b.html#tncms-source=home-featured-7-block

FINAL COMMENTARY

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders in the first place.

Below are links to related Dinelli blog articles:

Gov. MLG Amends Public Health Emergency Order On Temporary Gun Ban; NRA And Republican Party Align To File Separate State Law Suite To Kill Gov’s Gun Ban Entirely; Republican Legislative Leaders and 4 City Councilors Call For Special Session; “When In A Hole, Stop Digging!”

­­­­­­­­https://www.petedinelli.com/2023/09/18/gov-mlg-amends-public-health-emergency-order-on-temporary-gun-ban-nra-and-republican-party-align-to-file-separate-state-law-suite-to-kill-govs-gun-ban-entirely-republicans-lead/

Federal Judge Issues Temporarily Restraining Order Blocking Enforcement Of Two Provisions of Gov. MLG’s Ban On Carrying Guns In Public; TRO Includes Provision On Possession Of Firearms On State Property, Public Schools, And Public Parks; More State Police To City; Gov. Should Rescind Orders And Seek Omnibus Gun Control And Violent Crimes Sentencing  Act

 

On Friday, September 8, Governor Michelle Lujan Grisham declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Emergency Public Health Care Order.  The original Emergency Public Health Order banned the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. Governor Lujan Grisham issued the September 8 order in response to recent shootings, including the death last week of an 11-year-old boy outside Isotopes Park in a road-rage incident and the shooting death of a 5-year-old girl who was asleep in a mobile home. The governor also cited the shooting death in August of a 13-year-old girl in Taos County.

The link to the September 8 Emergency Public Health Order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

During the one week after announcing her Executive Order and the Public Health Care Orders, all hell broke loose consisting of protests by armed citizens, federal and state lawsuits filed, a federal court hearing on a temporary restraining order, calls for impeachment, and  calls for a special session.

AMENDED PUBLIC HEALTH EMERGENCY ORDER ANNOUNCED, NO SPECIAL SESSION ON CRIME

On Friday, September 15, Governor Michelle Lujan Grisham, held a news conference to announce an Amended Public Health Emergency Order issued by Secretary Patrick M. Allen Patrick M. Allen, Secretary of the New Mexico Department of Health, imposing temporary firearms restrictions, drug monitoring and other public safety measures. The press conference was held in the Bernalillo County Commission Chambers with the Governor  joined by Speaker of the House Javier Martinez and Senate Pro Temp Mimi Stewart both of Albuquerque. The Governor proclaimed she was scaling back and amending the original order by banning firearms only in “public parks and playgrounds” where children and their families gather.  The amended order eliminates sweeping bans on the public carry of firearms in Albuquerque and Bernalillo County.

Other new provisions in the September 15 Amended Public Health Emergency Order include:

• Directing the Corrections Department and Department of Homeland Security as well as Emergency Management to help the Metropolitan Detention Center and its contractors with staffing, space and screenings for those arrested and incarcerated.
• Directing all participating Managed Care Organizations (MCO) to immediately ensure people who need alcohol or drug treatment get it within 24 hours of their request.
• Directing the Human Services Department to send relevant MCO letters of direction requiring them to provide their plans to achieve continual behavioral health network adequacy.

The modifications focus on drug abuse and treatment.  One new provision directs local health care providers to place people seeking drug and alcohol treatment in “a permanent, adequate treatment placement” such as inpatient or outpatient programs, within 24 hours.

The Governor announced she is directing law enforcement officers in “all jurisdictions” to “coordinate their efforts to make sure open, illicit, substance abuse, drug use is being addressed.”   Speaking of arrests tied to the open use of drugs in public,  Governor  Lujan Grisham  said this:

“[The state cannot allow illicit [drug] activity to occur. … The state has not actively been dealing with that accountability for a number of reasons.  Not the least of which is treatment, incarceration, situations where we can’t get people booked; we don’t have enough prosecutors, any number of barriers.”

The link to the September 15 Emergency Public Health Order is here:

Click to access NMAC-EO-2023-130-132-Amended.pdf

At the September 15 press conference, Lujan Grisham made it clear she is not going to call a special session after Republican leaders called for a special session on crime. The Governor noted the presence of Democratic Leadership as evidence that there is no need for a Special Session and saying there is agreement that something can be done now without special session.

GOVENOR REFERENCES GUN VIOLENCE SINCE ORDERS ISSUED

Governor Lujan Grisham started her September 15 news conference by referencing what happened in Federal Court with the issuance of a Temporary Restraining Oder as well as several instances of violence since she put the September 8 Public Health Emergency Order in place.  The Governor said this:

“Since the week I declared an emergency, we have seen 296 shots fired in Albuquerque and Bernalillo County. … Last night, we saw violent crime move throughout the city that resulted in a gun injury, two carjackings, and a kidnapping with suspects not yet in custody. 

“I want to point out that the conversation in that court was pretty clear that we are not wrong about this emergency, or about the issues related to violence, gun violence and public safety in general. … We have a very serious problem in our communities that require serious, immediate results.”

APPOINTMENT OF SENIOR PUBLIC SAFETY ADVISOR ANNOUNCED

During the September 15 news conference, Governor Lujan Grisham announced the naming of Ben Baker to the governor’s staff as a senior public safety advisor. Baker has been the Deputy Cabinet Secretary and Interim Law Enforcement Academy Director at the Department of Public Safety since 2021, and has worked in law enforcement since 1997.

Baker had this to say about his appointment:

“This is an opportunity for all New Mexico public safety professionals from all disciplines – police officers, prosecutors, probation and parole personnel, corrections, emergency services and dispatchers – to unite under the shared goal of making our state a safer place to live. … I am grateful to the governor for trusting me with this critical responsibility.”

TWO DAYS AFTER TRO ENTERED

The governor’s announcement came just 2 days after U.S. District Judge David Urias issued a Temporary Restraining Order (TRO) suspending concealed  or the  open-carry of firearms in public places blocking part of the September 8 Public Health Emergency Order. Judge Herrera Urias specifically found that two provisions of the  Emergency Public Health orders were unconstitutional and violated the Second Amendment right to bear arms. Another hearing in the federal case is scheduled for October 3.

Five sperate federal lawsuits have been filed challenging the legality of the Governor’s Executive Order and Public Health Care Order gun ban restrictions. Groups suing the state over the orders include the National Association for Gun Rights, “We The Patriots USA, Inc.” and the Republican Party of New Mexico.

The Federal Court Temporary Restraining Order suspending concealed- or open-carry of firearms in public places applies only to Section 1 and Section 4 of the September 8 Public Health Emergency Order.

Section 1 of the September 8 Public Health Emergency Order was drafted so as to apply only to the City of Albuquerque and Bernalillo County. Section 1 provides that no person, other than law enforcement or licensed security, shall possess a firearm, either openly or concealed, within cities and counties averaging 1,000 or more violent crimes per 100,000 residents and more than 90 fire arm related emergency department visits per 100,000 residents.

Section 4 states that “No person, other than a law enforcement officer or licensed security officer, shall possess a firearm on state property, public schools, and public parks.”

The temporary restraining order remains in effect until October 3 when another hearing will be held on a permanent injunction and leaves in place parts of the original order.

ADVERSE REACTION TO GOV.’S EMERGENCY PUBLIC HEALTH ORDER

Public reactions to the  initial September 8 Public Health Emergency Order has been swift and mostly negative, sparking federal lawsuits, cries for impeachment, protests and declarations by law enforcement that the orders will not be enforced

On September 8, Albuquerque Police Chief Harold Medina said APD would not be enforcing the order.

On September 11, Bernalillo County Sherriff John Allen, flanked by his undersheriff’s, held a press conference where he announced in no uncertain terms that his office will not be enforcing the Governor’s Public Health Emergency Order.

On September 9 Bernalillo County District Attorney Sam Bregman, who was  appointed by Lujan Grisham in January to fill the unexpired term of Raul Torrez who was elected Attorney General, joined Albuquerque Mayor Tim Keller and Police Chief Harold Medina saying they would not enforce the order.

On September 12, New Mexico Attorney General Raúl Torrez joined in and announced he would not defend the governor’s Public Health Emergency Order.

In addition to the 6 lawsuits filed, at least two demonstration occurred, one in Old Town and one on Civic Plaza, with scores of demonstrators defiantly wearing holstered handguns on their hips or carrying  rifles, including assault rifles,  during the demonstrations.

Republican lawmakers threatened impeachment proceedings and even some influential Democrats and civil rights leaders warned that the move could do more harm than good to overall efforts to ease gun violence.

NRA AND REPUBLICAN PARTY FILE SEPARATE STATE ACTION

On Friday September 15, the National Rifle Association of America and the Republican Party of New Mexico filed a petition asking the New Mexico Supreme Court to strike down the  Public Health Emergency Order in its entirety.  Former New Mexico Supreme Court Justice and Criminal Defense Attorney Paul Kennedy filed the lawsuit.

The petition requests the justices to strike down the order “and clarify for the governor, and posterity, that gun violence and drug abuse are not ‘public health emergencies.” The petition argues that the state’s Public Health Emergency Response Act, which is the statute Lujan Grisham is relying on to issue the Public Health Emergency Order, pertains only to “infectious disease outbreaks.” Kennedy said the Public Health Emergency Response act “is clearly not directed to social problems. …  [Gun violence] doesn’t even come close to being a public health emergency.”

The petition also argues that Lujan Grisham’s order violates both the U.S. Constitution and the New Mexico Constitution, which guarantee the right to bear arms.  The petition argues that Lujan Grisham violated the separation of powers between the Legislature and the executive branch by “cutting the Legislature out of things that are clearly the purview of the Legislature” such as the regulation of firearms.

The petition to the New Mexico Supreme Court also challenges the  sections of the public health order that were  left in place by U.S. District Judge David Urias  in the Temporary Restraining Order he issued. In particular, the state action challenges the requirement that the New Mexico Regulation and Licensing Department “conduct monthly inspections of licensed firearms dealers” and alleges that Regulation and Licensing lacks the jurisdiction to regulate gun dealers.

Other sections of the order that remain in force include reporting requirements for gunshot victims at New Mexico hospitals and wastewater testing for illegal substances at public schools.

REPUBLICAN LEADERSHIP CALL FOR SPECIAL SESSION

On September 15, the NM House Republican Caucus, the NM Senate Republican Caucus and the Republican Party of New Mexico issued a press release calling on Governor Lujan Grisham to immediately convene the Legislature in Special Session to deal with crime or force an Extraordinary Session by petition. In the press release, the Republicans listed 10 crime bills they sponsored that were introduced in the 2023 session that failed to be enacted blaming the Democrat majorities in both chambers,

In their press release, the Republicans said in part:

“The New Mexico House Republican Caucus …  calls on Governor Lujan Grisham to immediately convene the Legislature in Special Session … to address the crime crisis in New Mexico. Absent action by the Governor to immediately address crime through the proper legislative channel, House Republicans are prepared to circulate a petition to convene the State Legislature in Extraordinary Session.   …  

“It is disingenuous for anyone to assert that Republicans ‘have no plan to tackle crime,’ said House Republican Leader Ryan Lane(Aztec). … Our Caucus has been fighting to address this growing crisis only to be ignored by Democrats in the Legislature. If Democrats are truly serious about crime, then let’s come back to Santa Fe and quickly pass these bills.”

 CITY COUNCILORS URGE SPECIAL SESSION

Conservative Republican Albuquerque City Councilors Dan Lewis, Brook Bassan and Renée Grout and conservative Democrat Louis Sanchez announce they will be introducing  city council resolutions on September 18  calling for the Governor to convene a special session focused on crime.

In addition to addressing the drug and mental health concerns, the resolution says a special session is needed to address reforming the pretrial detention system. The 4 city councilors  are calling for funding of the warrant program for the next 5 years and passing legislation to impose a lifetime sentence for repeat offenders who use firearms. All four councilors are also sponsoring another resolution urging the governor to take no actions that violate constitutional rights.

Conservative Republican City Councilor Brook Bassan said this:

“When we’re talking crime here in Albuquerque, we are one of the most dangerous cities in America. … This is about making sure that we do everything we can. And we ask our governor for the support that we need so that she can do everything she can to help us while we also take some accountability … “Law enforcement is doing what they can, but it’s just not enough to keep us safe,” Albuquerque can’t wait any longer. We have people that go out to family outings, and they don’t know if they’re going to get home safe, and that is completely unacceptable.”

Links to quoted news sources are here:

https://www.koat.com/article/nm-governor-lujan-grisham-gun-ban-amendment/45159712#

https://www.kob.com/new-mexico/new-mexico-governor-holds-press-conference-a-week-into-emergency-order/

https://www.krqe.com/news/new-mexico/gov-grisham-holds-press-conference-1-week-into-public-health-order/

https://www.krqe.com/news/new-mexico/albuquerque-city-council-urges-governor-to-call-a-special-session/

https://www.abqjournal.com/news/lujan-grisham-trims-gun-ban-nra-gop-file-legal-challenge/article_d56aadc0-53f9-11ee-9e63-638a0eb39258.html#tncms-source=home-featured-7-block

COMMENTARY AND ANALYSIS

There is a very old adage called “the law of holes” which states “if you find yourself in a hole, stop digging.” It is a warning that when in an untenable position, it is best to stop making the situation worse.  It appears that Governor Lujan Grisham has decided to use a back hole tractor by issuing an Amended Public Health Emergency Order as she digs her heels in further thinking that she can unilaterally amend an order that is still in litigation and where a hearing is pending on October 3.

The Governor is now faced with the reality that she now must defend both of her public health care orders as well as answer the complaint in the newly filed state action without the assistance of the Office of the Attorney General.  New Mexico Attorney General Raúl Torrez  has said he would not defend the  Public Health Emergency Orders despite his office’s ethical obligation to do so.  Torrez said the Governor can hire her own lawyer.  Torres  said that he is not “ethically permitted” to provide a defense to the Governor because he feels himself  the order is not constitutional. Torrez says his office will not defend despite the fact that the Office of the Attorney General is required by the state constitution and the law to represent the state’s interests in civil litigation. The Office of Attorney General has the ethical obligation to provide a defense, no matter how weak, when called upon by the state and state officials when they are sued.

It’s likely U.S. District Court Judge David Herrera Urias will not look too kindly on the  Amended Emergency Order given that it is nothing more than an attempt by the Governor to cure deficiencies in the original order and both are still unconstitutional the way they are written. Now the Governor is placed in the awkward position of trying to defend not one but two Public Health Emergency Order’s at the October 3 federal court hearing on a permanent injunction.

Given how aggressive the plaintiff’s in the 5 federal lawsuits have been, no one should be surprised if it is argued that the Governor and her Health Secretary acted in bad faith trying to unilaterally amend the health care order in an attempt to cure it of its constitutional deficiencies when they both knew that the Federal Court has jurisdiction over the Emergency Public Health Care Order and has gone so far as to slap the state with a TRO declaring provisions of it unconstitutional. To complicate things, the Governor is an attorney and she should know better than to poke the bear in the form of a federal court order.

The Governor has placed herself in an untenable position by feeling she has the unilateral authority to simply issue amended versions of and emergency health order that is in litigation with provisions declared unconstitutional. It is more likely than not that Plaintiff attorneys will now seek to call the Governor or Health Secretary Allen, or both,  to testify at the October 3 hearing to demand an explanation.

Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders were found to so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms.

There is absolutely no doubt that gun violence and violent crime are out of control in Albuquerque and in the state driven by the proliferation of guns and illicit drugs. The blunt reality is that the Governor’s Executive Order and Public Health Orders will not result in reducing gun violence nor address the proliferation of guns. Notwithstanding, Governor Michelle Lujan’s Grisham’s Executive Oder as well  the Public Health Care Order and Amended Order are misguided and they are unconstitutional.

The Governor says she thinks she has seen more attention on resolving the crisis of gun violence than she has ever seen in the past four years. Really, Governor, really? The Governor ostensibly has totally forgotten about the Farmington killings in May of this year that generated talk of a special session.  On May 15, nine people were injured or killed by an 18-year-old male armed with an AR-17 style rifle in a mass shooting in Farmington, New Mexico.  Three woman over the age of 70 were killed and 2 police officers injured. The 3 fatal shooting victims were identified as 79-year-old Shirley Voita, 73-year-old Melody Ivie, and 97-year-old Gwendolyn Schofield. Schofield and Ivie were mother and daughter. Police identified the suspect as 18-year-old Beau Wilson who was shot and killed by police.  He was suffering from mental illness and went on a rampage.

The truth is the Governor’s orders have accomplished nothing other than ginning up the Republicans and Second Amendment Rights advocates ire that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates. The Governor has indeed united Republicans, Democrats and Independents against her with her actions.

Now that the court has ruled, Governor Lujan Grisham should immediately cancel and withdraw her Executive Order and the first Public Health Care order as well as the amended order. Such action will render moot all 6 lawsuits.

Rather than issuing executive orders declaring a public health crisis that were ostensibly a knee jerk reaction to the killing of a child in a road rage incident, the Governor’s efforts would be better spent on proposing meaningful legislation she wants in the upcoming 2024 legislative session which begins on January 16, 2024.  The session is the 30 day short session where the Governor will dictate what measures can be considered.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and wants more immediate action, she should call a Special Session and propose the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.” The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with responsible gun control measures to reduce the availability of guns and to enhance criminal sentencings.

Governor, please stop digging!

On Friday, September 8, Governor Michelle Lujan Grisham issued an Executive Order declaring gun violence and illegal drugs a public health emergency and on September 9 a sweeping Public Health Care Order was issued. The executive order was signed in the wake of a road-rage shooting death of an 11-year-old boy leaving Isotopes Park on September 6.

The link to review the Governor’s Executive Order is here:

https://www.krqe.com/wp-content/uploads/sites/12/2023/09/Executive-Order-2023-132.pdf

The link to review the Public Health Care order is here:

Click to access 090823-PHO-guns-and-drug-abuse.pdf

Within days of the Governor’s actions, 6 sperate federal lawsuits were filed challenging the legality of the Governor’s Executive Order and Public Health Care Order gun ban restrictions. Groups suing the state over the orders include the National Association for Gun Rights,  We The Patriots USA, Inc. and the Republican Party of New Mexico.  All  of the cases have been assigned to U.S. District Judge David Herrera Urias of Albuquerque. Motions were filed in the cases seeking retraining orders and injunctions.

TRO HEARING HELD

On September 13, U.S. District Court Judge David Herrera Urias held a hearing on a request for a Temporary Restraining Order (TRO) and Injunction.  Appearing were attorneys from New Mexico, Arizona and Connecticut who represented the Plaintiff’s.

Judge Herrera Urias heard arguments from Plaintiff attorneys all arguing the Public Health Care Order restrictions violated Second Amendment rights. Attorneys specifically referenced several U.S. Supreme Court rulings, including one from last year, that said the right to own a gun for self-defense exists in and out of the home. In  the June 2022 Bruen case of New York State Rifle & Pistol Association v. Bruen, the United States Supreme Court expanded the right of law-abiding Americans to carry guns in public for self-defense. The case ruling takes away the ability to take into account arguments about a compelling government interest, like the gun violence that Lujan Grisham said prompted her order. Now, judges must solely rely on whether any similar historical examples exist.

Attorneys for the Plaintiff gun rights advocates argued there is no legal precedent for a governor to issue the order, the order is too broad, and it causes irreparable harm to law-abiding citizens by depriving them of their rights. An attorney for the governor argued that the order is not a law but a temporary ban. Ultimately, the judge ruled in favor of the plaintiff  gun rights advocates.

The Plaintiff attorneys representing Second Amendment gun rights advocates argued forcefully that the public health order would do little to stop criminal use of guns but instead impinge on the Second Amendment rights of citizens to bear firearms.

Albuquerque Attorney Marc Lawry representing one of the plaintiffs said this:

“The gun violence in this instance is committed by criminals and not by law abiding citizens.  … It is laudable that [the Governor] is trying to do something about gun violence. … The level of gun violence in Albuquerque is abhorrent, but what is done has to be done in a reasonable manner that is not butting up constitutional rights.”

Plaintiff Attorney Anthony Napolitano, a Phoenix, Arizona attorney representing Gun Owners of America, focused on the Governors use of a public health care order to impose restrictions on gun ownership arguing it was an expansion on the Governor’s earlier restrictions and emergency orders issued to deal with the COVID -19 pandemic.  Napolitano said this:

“If the government expands its powers in an emergency, it will declare emergencies more often.”

Cameron Atkinson, a Harwinton, Connecticut attorney representing “We The Patriots USA, Inc.” called the Governor’s use of a public health care order “a seminal moment in the American experiment. … We’re rapidly heading towards a public health state.”

The Governor was represented by her General Council Holly Agajanian who sat all alone at counsel table.  Agajanian argued  since the public health order is not a law and only temporary, it doesn’t have the same impact on the rights of New Mexicans. Agajanian said law enforcement officers who confront someone carrying a firearm have “no way to discern who the good guy is and who the bad guy is”. She also argued the public health order does not  prevent anyone from buying a gun saying “[people] are not restricted from having guns altogether.” She asked the judge to keep the 30-day order in place by  saying “Let’s give it 30 days and see what happens”. Judge Herra Urias rejected her arguments.

The governor’s 30-day order has been in place since Friday September 8  and was set to expire on October 8.  After the judge’s decision, the Temporary Restraining Order (TRO) prevents the enforcement of the order. The TRO will remain in place  until October 3 when another hearing will be held on a Permanent Injunction.

All other sections of the public health order will remain in effect. In a statement, the governor said she still plans on assigning more New Mexico State Police officers to Bernalillo County, and she is directing the health care system to immediately increase capacity to accept people experiencing homelessness and drug addiction.

Gov. Lujan Grisham’s administration is also expected to update the order with additional measures.

The judge and every attorney at the hearing agreed that gun violence is a serious issue in Albuquerque, and several of them commended the governor for taking action. However, the judge said it is in the public’s best interest to not suspend civil rights, which includes the right to carry a gun.

After hearing all arguments, Judge Herrera Urias granted a Temporary Restraining Order against New Mexico Governor Michelle Lujan Grisham’s Public Health Order banning the lawful carry of firearms in Albuquerque and across Bernalillo County. Judge Herrera Urias specifically  found that the Governor’s Emergency Public Health orders were in direct conflict with the United States Constitution Second Amendment. The Temporary Restraining Order halts implementation of the orders pending a final hearing which the Court scheduled for October 3.

PROVISIONS AFFECTED

The temporary restraining order applies only to Section 1 and Section 4 of the Public Health Order and the sections are prohibited from being enforced by law enforcement.

Section 1 of the Public Health Order was drafted so as to apply only to Bernalillo County and the City of Albuquerque. Section 1 provides that no person, other than law enforcement or licensed security, shall possess a firearm, either openly or concealed, within cities and counties averaging 1,000 or more violent crimes per 100,000 residents and more than 90 fire arm related emergency department visits per 100,000 residents.

Section 4 states that “No person, other than a law enforcement officer or licensed security officer, shall possess a firearm on state property, public schools, and public parks.”

PROVISIONS NOT AFFECTED

There are 6 other major provisions of the public health order as well as implementation provisions that Judge Herrera Urias ruling left in place and those provisions are:

The Public Health Order requires monthly inspections of licensed firearm dealers and wastewater testing for certain drugs, such as fentanyl, at all public schools.

The Regulation and Licensing Division will conduct monthly inspections of licensed firearm dealers to ensure compliance with all sales and storage laws.

The Department of Health, along with the Environment Department, will begin wastewater testing for illegal substances such as fentanyl at schools.

The Department of Health will compile and issue a comprehensive report on gunshot victims presenting at hospitals in New Mexico, which shall include and if available:

1. Demographic data of gunshot victims, including age, gender, race, and ethnicity;
2. Data on gunshot victim’s healthcare outcomes;
3. The brand and caliber of the firearm used;
4. The general circumstances leading to the injury;
5. The impact of gunshot victims on New Mexico’s healthcare system;
6. Any other pertinent information

New Mexico State Police will send additional  officers to  Albuquerque with funding for overtime provided.

The Children, Youth and Families Department will immediately suspend the Juvenile Detention Alternative Initiative and evaluate juvenile probation protocols.

Violating the public health order could result in civil citations and penalties and a fine of up to $5,000.

REACTION TO RULING

Governor Lujan Grisham issued the following statement after the decision:

“Today a judge temporarily blocked sections of our public health order but recognized the significant problem of gun violence in this state, particularly involving the deaths of children. 

I refuse to be resigned to the status quo. As governor, I see the pain of families who lost their loved ones to gun violence every single day, and I will never stop fighting to prevent other families from enduring these tragedies. 

To be clear: gun violence and drug abuse are acute threats to public health and safety in this state. We will stay the course by increasing State Police presence in Bernalillo County, arresting the hundreds of violent offenders with outstanding warrants still on our streets, and directing our healthcare system to immediately expand capacity to accept persons experiencing drug addiction and homelessness. 

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: New Mexicans must again feel safe walking home from school, driving to the grocery store, or leaving their hometown baseball stadium. 

Who will stand up to protect families and children? I will.  

And I call on leaders across the state, from local law enforcement to the Legislature to mayors and county commissioners: Stand with me to enact solutions that save people’s lives. Throwing up our hands is not an option.” 

New Mexico Attorney General Raúl Torrez, who made it known his office would not defend the Governor’s orders in court, released  the following statement:

“Judge Urias’ decision to block implementation of the Governor’s unconstitutional Emergency Order is not at all surprising and the Attorney General hopes that today’s ruling will prompt the Governor to abandon her unilateral and divisive approach to complex problems and engage in a more deliberative process that will yield tangible results for the people of New Mexico.

The Attorney General is committed to the legislative process and to working with Governor Lujan Grisham to build a safer community without sacrificing the constitutional rights of our citizens. We need more and better trained police officers; stricter gun laws and tougher guidelines for pretrial detention; robust mental health and drug treatment; rehabilitation programs to reduce recidivism; real-time data on gun crimes and gun trafficking; and a protective service framework that keeps today’s child victims from maturing into the next generation’s repeat offenders. Our collective efforts should be engaged in robust and meaningful dialogue around each of these issues, building consensus that challenges and harnessing our once-in-a-generation budget surplus to bring about transformative change.”

Senate Republican Leader, Sen. Greg Baca issued the following statement regarding the ruling:

“We applaud the judge’s ruling against the governor and her unconstitutional order. The governor’s malfeasance and utter disregard for the Constitution is alarming. By her own admission, she believes there are virtually no limits to the exercise of executive power. The Constitution says otherwise, and today, the court took action to remedy her blatant abuse of power against the citizens of New Mexico.”

Links to quoted news source material are here:

https://www.kob.com/new-mexico/federal-judge-rules-against-gov-lujan-grishams-order-banning-guns-in-public/

https://www.koat.com/article/federal-judge-blocks-new-mexico-gun-ban/45126592

https://www.krqe.com/news/albuquerque-metro/federal-judge-temporarily-blocks-new-mexico-governors-gun-order/

https://www.abqjournal.com/news/judge-grants-temporary-restraining-order-against-gov-s-public-gun-ban/article_a44f00f2-527c-11ee-8dbc-53882e6249f4.html#1

GOVERNOR SENDING MORE  STATE POLICE TO  ALBUQUERQUE

In the wake of Judge Herrera Urias granting a Temporary Restraining Order on the Governor’s Public Health Care Order, Governor Lujan Grisham issued an order sending more State Police to Albuquerque to help address violent crime and to assist local law enforcement.

An unspecified number of New Mexico State Police officers will be assigned to Bernalillo County to conduct patrols, warrant roundups and narcotics operations and arrest violent offenders. State Police  will work with the Bernalillo County Sheriff’s Office and Albuquerque Police Department and will  develop  an operational plan or tactical plan.

Governor Lujan Grisham said in a statement  that the  increase in State Police presence in Bernalillo County will focus on “arresting the hundreds of violent offenders with outstanding warrants still on our streets, and directing our healthcare system to immediately expand capacity to accept persons experiencing drug addiction and homelessness.”

Ray Wilson, NMSP spokesman, said this in a statement:

“The extra State Police officers assigned to the area will focus on carrying out traditional proactive policing to stop violent crime and take violent criminals off the street. … Officers will conduct traffic and criminal enforcement operations like saturation patrols, warrant roundups, and narcotics operations.”

Links to quoted news sources are here:

https://www.kob.com/new-mexico/new-mexico-state-police-assigns-extra-officers-to-bernalillo-county/

https://www.abqjournal.com/news/state-police-to-send-more-officers-to-bernalillo-county-in-wake-of-gov-s-gun/article_75d1692e-5284-11ee-abbc-f76ac8d8c582.html

COMMENTARY AND ANALYSIS

What is very problematic and is conflicting with other laws is that the court issued a Temporary Restraining Order on Section 4  of the Public Health Order that states “No person, other than a law enforcement officer or licensed security officer, shall possess a firearm on state property, public schools, and public parks.” There already are many City, County and State laws on the books that prohibit firearms on state property, public schools, and public parks that have nothing to do with the Public Health Order.  As a result,  the TRO court ruling needs to be corrected to  make it clear what  other laws are enforceable.

There is absolutely no doubt that gun violence and violent crime are out of control in Albuquerque and in the state driven by the proliferation of guns and illicit drugs. Notwithstanding, Governor Michelle Lujan’s Grisham’s Executive Oder as well as the Public Health Care Order are misguided and they are unconstitutional.  Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders were found to so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms. The blunt reality is that the Governor’s Executive Order and Public Health Order will not result in reducing gun violence nor address the proliferation of guns.

The Governor says she thinks she has seen more attention on resolving the crisis of gun violence than she has ever seen in the past four years. Really, Governor, really? The Governor seems to have totally forgotten about the Farmington killings in May of this year that generated talk of a special session.  On May 15, nine people were injured or killed by an 18-year-old male armed with an AR-17 style rifle in a mass shooting in Farmington, New Mexico.  Three woman  over the age of 70 were killed  and 2 police officers injured. The 3 fatal shooting victims were  identified as 79-year-old Shirley Voita, 73-year-old Melody Ivie, and 97-year-old Gwendolyn Schofield. Schofield and Ivie were mother and daughter. Police identified the suspect as 18-year-old Beau Wilson who was shot and killed by police.  He was suffering from mental illness and went on a rampage.

The truth is the Governor’s orders have  accomplished nothing other than ginning up Republican and Second Amendment Rights advocates ire that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates.  Now that the court has ruled, Governor Lujan Grisham should immediately cancel and withdraw her Executive Order and the Public Health Care orders.

Rather than issuing executive orders declaring a public health crisis that were ostensibly a knee jerk reaction to the killing of a child in a road rage incident, the Governor’s efforts would be better spent on proposing meaningful legislation she wants in the upcoming 2024 legislative session which begins on January 16, 2024.  The session is the 30 short session where the Governor will dictate what measures can be considered.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and wants more immediate action, she should call a Special Session and propose the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.” The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with responsible gun control laws and enhanced sentencings.

CRIME AND PUNISHMENT MEASURES

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

Allow firearm offenses used in a drug crime to be charged separately with enhance sentences.

Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.

Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.

Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years

Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.

Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.

Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.

Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.

Prohibited magazines with more than 10 rounds.

Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.

Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.

Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.

Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.

Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.

Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

FINAL COMMENTARY

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders in the first place.

Links to prvious blog articles are here:

Attorney General Raúl Torrez Announces Will Not Defend Governor’s Ban On Guns; Mayor Keller And Chief Medina Call For Special Session; Politcal “Pile On Grandstanding” By The 3 As Protests, Lawsuits And Debate Rages On; Governor MLG Should Rescind Orders And Push for “OMNIBUS GUN CONTROL AND VIOLENT CRIME SENTENCING ACT”

Uproar And Lawsuits Ensue Over Gov. MLG’s Executive Orders Banning Guns; Law Enforcement RefuseTo Enforce; Governor Should Rescind Orders And Seek Enactment Of “Omnibus Gun Control And Violent Crime Sentencing Act”

Gov. MLG Declares Gun Violence Public Health Emergency; Public Health Care Order Issued Suspending Open and Concealed Gun Carry Laws;  Lawsuit Filed Claiming Orders Violate Second Amendment Rights; Governor’s Actions ILL Advised And She Should Retract Orders; Enact “Omnibus Gun Control And Violent Crime Sentencing Act”

 

On Friday, September 8,  Governor Michelle Lujan Grisham announced and declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Public Health Care Order.  The Public Health Order bans the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. Specifically, no firearms are allowed on state property, including state buildings and schools. This also includes other places of education where children gather, such as parks.  The executive order was signed in the wake of a road-rage shooting death of an 11-year-old boy leaving Isotopes Park Wednesday, September 6. Lujan Grisham also cited the shooting deaths of 3 teenagers or children since late July, including the 5-year-old girl killed while sleeping in a mobile home in mid-August.

Since announcing her Executive Order and the Public Health Care Orders, all hell has broken loose consisting of protests by armed citizens, calls for impeachment, lawsuits and  calls for a special session by the Governor.

NM ATTORNEY GENERAL ANNOUNCES WILL NOT ENFORCE GOVERNOR’S GUN BAN

Bernalillo County District Attorney Sam Bregman, Bernalillo County Sherriff John Allen and APSD Chief Harold Medina have all announced that they will not enforce the Governor’s gun ban.

On September 8, Albuquerque Police Chief Harold Medina said APD would not be enforcing the order emphasizing that doing so could violate the APD’s police reform settlement agreement with the U.S. Department of Justice.

On September 11, Bernalillo County Sherriff John Allen, flanked by his undersheriff’s, held a press conference where he announced in no uncertain terms that his office will not be enforcing the Governor’s health care orders.  Sheriff Allen said this: “My oath was to protect the Constitution, and that is what I will do. … It’s unconstitutional, so there’s no way we can enforce that order. … This ban does nothing to curb gun violence”.

On September 9 Bernalillo County District Attorney Sam Bregman said his office would not enforce the order and he said “As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional. … This office will continue to focus on criminals of any age that use guns in the commission of a crime.”

On September 12, New Mexico Attorney General Raúl Torrez joined in and announced he cannot defend the governor’s public health order on firearms. In a 4-page letter to Lujan Grisham, Torrez said that although he agrees a debate is needed on the impact of gun violence, it cannot be rebranded a public health emergency to justify a blanket 30-day prohibition against carrying firearms in and around Albuquerque. He urged the governor to consider whether her time would be better spent on developing comprehensive legislation.

Torrez says in his letter  that he agrees gun violence has had a devastating impact on New Mexico, but explains that he believes using a public health order is not the appropriate way to address the issue. He makes it clear that he disagrees with her gun ban and he claims that he is not “ethically permitted” to provide a defense.

In his letter to the Governor, Torrez wrote in part:

“Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence. …I do not believe that the Emergency Order will have any meaningful impact on public safety, but more importantly, I do not believe it passes constitutional muster. …   We will allow the administration to hire its own outside lawyers, at their own expense. … [What is needed are] more and better-trained police officers; stricter gun laws and tougher guidelines for pretrial detention; robust mental health and drug treatment; rehabilitation programs to reduce recidivism; real-time data on gun crimes and gun trafficking; and a protective services framework that keeps today’s child victims from maturing into the next generation of repeat offenders.  … While I understand that frustration may have led you to undertake a unilateral approach to addressing the heart-wrenching challenge of gun violence in our community, I urge you to reconsider this course of action.” 

In response to the AG’s letter, Caroline Sweeney, the governor’s press secretary, issued the following statement:

“The governor’s office received the letter from the Attorney General Torrez and let me be clear – Gov. Lujan Grisham did not ask the attorney general to represent the state. The crime issue in Albuquerque should come as no surprise to AG Torrez – as Bernalillo County DA, his office’s 66% dismissal, acquittal and mistrial rates certainly did not help solve the issue. Additionally, abysmal success rates in DA Torrez’s pretrial detention hearings put dangerous criminals back out on the streets. The governor is looking for state leaders to step up and take bold steps to make New Mexicans safer from the scourge of gun violence. We invite the Attorney General to turn his attention to that effort.”

Links to quoted news sources are here:

https://www.nbcnews.com/politics/politics-news/new-mexico-attorney-general-wont-defend-governors-gun-ban-rcna104771

https://www.krqe.com/news/politics-government/new-mexico-attorney-general-says-he-wont-back-the-governors-gun-order/

https://www.koat.com/article/new-mexico-attorney-general-gun-restriction-lawsuits/45105626

https://www.abqjournal.com/ag-says-he-cant-defend-gov-s-health-order-on-firearms/article_405c10f4-d353-5884-9e24-909f759723fe.html#tncms-source=home-featured-7-block

https://apnews.com/article/new-mexico-governor-guns-albuquerque-lujan-grisham-3b23b6656f6555950c1a65b62d98a5d0

MAYOR KELLER, CHIEF HAROLD MEDINA CALL FOR SPECIAL SESSION

On Tuesday, September 12, Mayor Tim Keller and Albuquerque Police Department Chief Harold Medina held a press conference and called upon the Governor to convene special session. In doing so, they laid out a list of more than 50 legislative priorities intended to reduce gun violence, “close the revolving door” in the court system, rebuild behavioral health and fund crime fighting technology, among other goals.  All 50 of those priorities were nothing new and consisted of the regurgitation of the legislative priorities developed by the Mayor’s “Metro Crime Initiative” conferences and meetings with stakeholders in the criminal justice system. You can view the list of Metro Crime Initiative” priorities at this link:

https://www.kob.com/new-mexico/albuquerque-mayor-calls-for-special-session-on-gun-violence/

During the press conference, Keller said this:

“I’ve always said that I don’t blame other people, and I don’t point fingers. … But I will ask for help and this is not helping. What would help is the law changes that we outlined, the treatment and federal programs that we need, and the resources to make our courts actually work”.

At the same time Mayor Keller said he does not blame other people, he took the opportunity to proclaim that the city’s recommendations for crime fighting policies have “fallen on deaf ears … been watered down, or ignored [by the Governor and the legislature].”

In addition to the press conference Mayor Keller released the following statement:

“Albuquerque families can’t afford political debates that distract us from fighting violent crime. This is a powerful moment to listen to police and behavioral health professionals to create the change we need in a special session. Too often, the legislation we propose gets watered down to the point that it’s ineffective and funding is slashed from the amounts needed to make a difference. Now is the time to actually change the laws and provide the funding needed to fix a broken criminal justice system, to crack down on assault weapons, target fentanyl dealers, rebuild the addiction treatment system, and amp up resources for courts and prevention programs.”

APD Chief Medina for his part released the following statement:

“Our officers are dealing with the same offenders, committing the same crimes every day. We have improved investigations after being criticized by a top legislator, and we have charged over 200 murder suspects since then. We created a team and moved it to the District Attorney’s Office to help with prosecutions. And we used money from the governor and the Legislature to boost incentives for officers, resulting in larger cadet academies. Finally, we have consistently advocated for increased funding, along with more accountability, for all other parts of the criminal justice system to ensure we are all doing everything possible to crack down on crime. But little has changed, because our jail sits half empty while repeat offenders are out on Albuquerque’s streets.”

The links to quoted news sources are here:

https://www.kob.com/new-mexico/albuquerque-mayor-calls-for-special-session-on-gun-violence/

https://www.abqjournal.com/news/albuquerque-mayor-says-state-watered-down-recommended-crime-fighting-policies/article_2a40e6b4-51bd-11ee-9e96-1b0a473742b4.html

LAWSUITS FILED

A total of 6 federal lawsuits have been filed so far challenging the legality of the Governor’s Executive Order and Public Health Care Orders gun ban restrictions. Groups suing the state over the prohibition include the National Association for Gun Rights, and We The Patriots USA, Inc. and the Republican Party of New Mexico. All 6 of the cases have been assigned to U.S. District Judge David Urias of Albuquerque. A hearing has been scheduled for August 16 on a Motion for a Restraining order and permanent injunction.

CALLS FOR IMPEACHMENT AND RESIGNATION

Republican Public officials were quick to react and condemn Governor Lujan Grisham’s orders.

State Republican Representative Stefani Lord of Sandia Park and John Block of Alamogordo called for Lujan Grisham’s impeachment, saying her order violates constitutional rights and is “illegal in nature.” Lord said this:

“This is an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populous.  … I have a newsflash for the Governor: The Second Amendment is an absolute right, and so is my authority to impeach you for violating your oath to New Mexico and the United States.”

On September 12, the Republican Party of New Mexico called for Gov. Michelle Lujan Grisham to resign after declaring a 30-day suspension on right to carry open and concealed firearms.  The Republican Party of New Mexico also announced on Tuesday, September 12  its preparation of a lawsuit against Governor Michelle Lujan Grisham and New Mexico Secretary of Health Patrick M. Allen.  During the afternoon news conference, New Mexico Republican Party Chairman Steve Pearce accused Lujan Grisham of “totalitarian” behavior and called her order unconstitutional. Pierce said this:

“We need to knock this thing down and send her packing,” 

https://www.koat.com/article/rpnm-lawsuit-governor-michelle-lujan-grisham-gun-violence/45109375#:~:text=The%20Republican%20Party%20of%20New,firearms%20following%20recent%20fatal%20shootings

In response to Republican’s actions, Caroline Sweeney, press secretary for the Governor said this:

“We would love to see the same outrage from Republicans when a child in New Mexico is killed by gun violence. It is unfortunate that they are taking this opportunity to spew NRA talking points instead of proposing meaningful legislative solutions on how we can make New Mexico safer.”

PROTESTS ERRUPT

On Sunday, September 10 in Old Town and then again on Tuesday, September 12, at Civic Plaza, protests broke out.  Demonstrators wore defiantly wore holstered handguns on their hips or carried assault rifles in Tuesday  rally by gun-rights advocates, protesting Governor Michelle Lujan Grisham’s executive  orders to suspend the right to carry firearms. The rally unfolded on Albuquerque’s Civic Plaza shortly before New Mexico Attorney General Raúl Torrez announced he cannot defend the governor’s public health order on firearms. Many of the dozens of people who gathered on civic plaza wore T-shirts in support of the right to bear arms, while others waved American flags and held signs reading  “Do Not Comply.” They ranged from military veterans to mothers.

COMMENTARY AND ANALYSIS

The actions and press conferences by Attorney General Raúl Torrez, Mayor Tim Keller and APD Chief Harold Medina coming a full 5 days after the Governor’s Executive Order and Public Health Care orders amount to nothing more than “political pile on grandstanding” by 3 of those who have been a failure at their own jobs and who have been part of the problem for the past 5 years.

ATTORNEY GENERAL RAÚL TORREZ

It’s down right laughable that Attorney General Raúl Torrez would say that he is not “ethically permitted” to provide a defense to the Governor.  Talk about a load of “BS” reflecting ignorance of one’s job duties and responsibilities. First, Torrez waited a full 5 days before he said anything about the Governor’s actions. Second, Torrez  was never asked to defend the case. Third, Torrez is not in private practice and he cannot pick and choose who he wants the Office of Attorney General to represent.

Torrez himself has a streak of being ethically challenge. In 2012, United States Federal Judge Cristina Armijo accused then Assistant United States Attorney Raúl Torrez,  who was prosecuting a drug case, of trying to “unfairly alter” a transcript he offered as evidence to the Federal Judge of a recorded encounter between drug agents and an Amtrak train passenger suspected of carrying a large quantity of crack cocaine. Judge Cristina Armijo admonished Torrez in a  court order, then withdrew the order, the case was dismissed and Torrez resigned from the US Attorney’s office with no explanation.

https://www.abqjournal.com/770736/candidate-for-district-attorney-drew-ire-of-judge.html

Torrez is the elected Attorney General and his office is not his personal law firm he owns where  he can pick and choose its clients.  The Office of the Attorney General is required by the state constitution and the law to represent the state’s interests in civil litigation.  The Office of Attorney General has the ethical obligation to provide a defense, no matter how weak, when called upon by the state and state officials when they are sued.

Even if Torrez himself disagrees with the Governor’s actions, he cannot instruct his office not to provide legal representation if in fact asked for by the Governor. What Torrez should have done was to call the Governor and have a candid conversation with her about her Executive Order and Public Health Care Orders and express his reservations and objections in private in order to come to an understanding and perhaps even a recission of the orders. Instead, he writes a 4 page letter to the Governor and releases it to the press and does a press conference resulting in the press coverage he covets.

Torrez also conveniently forgets he was Bernalillo County District Attorney for 6 years and he was part of the problem when it comes to our failing criminal justice system and failure of effective prosecution of violent offenders. In 2015, the District Court provided a study of the Bernalillo County District Attorneys office and performance measures.  The statistics revealed the Bernalillo County District Attorney’s Office under Raúl Torrez had a 66% combined dismissal, acquittal and mistrial rate with cases charge by grand juries. The data presented showed in part how overcharging and a failure to screen cases by the District Attorney’s Office was contributing to the high mistrial and acquittal rates.

https://www.kob.com/albuquerque-news/da-wants-nm-supreme-court-to-review-grand-jury-changes/5012558/?cat=500

MAYOR TIM KELLER AND APD CHIEF HAROLD MEDINA

It is downright obscene that Mayor Tim Keller and Albuquerque Police Department Chief Harold Medina would make the accusation that the city’s crime fighting policies have “fallen on deaf ears … been watered down, or ignored”  by the Governor and the legislature.  The cities crime fighting policies are their policies they have implemented and their policies have been a failure.

Keller and Medina have been in charge of APD for the last six years,  they have presided over historical increases in property crimes, violent crime and murders.  They have  been given virtually all they have asked for when it comes to budgets by the Albuquerque City Council with APD having the largest single department budget out of all the 27 departments.

Mayor Tim Keller reacting to the spiking violent crime rates, has implemented  5 programs to deal with and to bring down the city’s high violent crime rates. All 5 initiatives involve early intervention and partnership with other agencies. The 5 programs are:

1. THE SHIELD UNIT. The Shield Unit assists APD Police Officers to prepare cases for trial and prosecution by the Bernalillo County District Attorney’s office.
2. DECLARING VIOLENT CRIME A PUBLIC HEALTH CRISIS to deal with “violent crime” in the context of it being a “public health crisis” and dealing with crimes involving guns in an effort to bring down violent crime in Albuquerque.
3. THE “VIOLENCE INTERVENTION PLAN” which is a “partnership system” that includes law enforcement, prosecutors and social service and community provides to reduce violent crime. Mayor Keller said this about his  Violence Intervention Plan when he announced it:

“… This is about trying to get these people not to shoot each other. …This is about understanding who they are and why they are engaged in violent crime. … And so, this actually in some ways, in that respect, this is the opposite of data. This is action. This is actually doing something with people. …”

   

4. THE METRO 15 OPERATION PROGRAM which was essentially APD’s most wanted list.
5. METRO CRIME INITIATIVE.  Participants in the Metro Crime initiative includ APD, the DA’s Office, the Courts and many other stakeholders to address what all participants labelled the “broken criminal justice” 

Notwithstanding all 5 of Keller’s programs, violent crime is still way out of control and his policies have not reduced crime. On April 26, 2023, the Major Cities Chiefs Association released its Violent Crime Survey and national totals for the crimes of homicides, rapes, robberies and aggravated assaults. According to the report, Albuquerque is ranked 17th among 70 of the largest cities in the nation looking at trends in the 4 categories. The single most troubling statistic is Albuquerque’s increase in homicides.

According to the Major Cities Chiefs Association, Albuquerque had one of the worst homicide rates in the nation and is one of 27 cities across the nation that saw an increase in homicides. The report shows in 2021, there were 106 homicides. In 2022, there were 115, an 8% increase. Other nearby cities like Phoenix saw a 13% increase in homicides. Meanwhile, to the north, the Denver Police Department reported an 8% decrease in homicides. Just four hours south, the city of El Paso saw a 28% decrease in homicides, one of the highest drops in the report.

Click to access MCCA-Violent-Crime-Report-2022-and-2021-Midyear.pdf

https://www.koat.com/article/albuquerque-homicide-rate-increase/43702586

When you examine the “check list” of the 50 different proposals that were the result of the Metro Crime Initiative, the proposals are essentially what all the participants have been working on over the past 4 years and include many programs already announced. The list contains nothing new. The items listed are ones that the participants should have been doing in the first place. A detail “check list” pamphlet was produces containing details of each action plan and can be found here:

https://www.cabq.gov/mayor/documents/mci.pdf

GOVERNOR SHOULD IMMEDIATELY RETRACT ORDERS

There is absolutely no doubt that gun violence and violent crime are out of control in Albuquerque and in the state driven by the proliferation of guns and illicit drugs. Notwithstanding, Governor Michelle Lujan’s Grisham’s Executive Oder as well as the Public Health Care Order are misguided and they are unconstitutional.

Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders will likely be found so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms. The blunt reality is that the Governor’s Executive Order and Public Health Order will not result in reducing gun violence nor address the proliferation of guns.

The Governor’s actions will accomplish nothing other than ginning up Republican and Second Amendment Rights advocates ire that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates. Absent from the Governor’s September 7 and 8^th press conferences was the presence of any of the New Mexico legislature Democratic leadership and that is very troubling and reflects she does not even have support of her own party.

Governor Lujan Grisham should immediately cancel and withdraw her Executive Order and the Public Health Care orders.  The issuance of the orders will likely result in the Governor’s poll numbers of support to plummet even further given New Mexico’s “gun culture” which is too bad and its a self inflicted wound.  A recent poll found that the Governor’s approval rating was at 47%.

ENACT “OMNIBUS GUN CONTROL AND VIOLENT CRIME SENTENCING ACT”

Rather than issuing executive orders declaring a public health crisis that were ostensibly a knee jerk reaction to the killing of a child in a road rage incident, the Governor’s efforts would be better spent on proposing meaningful legislation she wants in the upcoming 2024 legislative session which begins on January 16, 2024.  The session is the 30 short session where the Governor will dictate what measures can be considered.

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis and want more immediate action,  she should call a Special Session and propose the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.”

CRIME AND PUNISHMENT MEASURES

The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with with enhanced sentencings.

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

Allow firearm offenses used in a drug crimes to be charged separately with enhance sentences.

Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.

Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.

Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years

Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.

Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.

Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.

Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.

Prohibited magazines with more than 10 rounds.

Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.

Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.

Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.

Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.

Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.

Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

CONCLUSION

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders in the first place.

Links to related blog articles are here:

Uproar And Lawsuits Ensue Over Gov. MLG’s Executive Orders Banning Guns; Law Enforcement RefuseTo Enforce; Governor Should Rescind Orders And Seek Enactment Of “Omnibus Gun Control And Violent Crime Sentencing Act”

Gov. MLG Declares Gun Violence Public Health Emergency; Public Health Care Order Issued Suspending Open and Concealed Gun Carry Laws;  Lawsuit Filed Claiming Orders Violate Second Amendment Rights; Governor’s Actions ILL Advised And She Should Retract Orders; Enact “Omnibus Gun Control And Violent Crime Sentencing Act”

On  Friday, September 8, that Governor Michelle Lujan Grisham announced and declared gun violence and illegal drugs a public health emergency with the issuance of a sweeping Public Health Care Order.  The Public Health Order bans the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. Specifically, no firearms are allowed on state property, including state buildings and schools. This also includes other places of education where children gather, such as parks.  The executive order was signed in the wake of a road-rage shooting death of an 11-year-old boy leaving Isotopes Park Wednesday, September 6. Lujan Grisham also cited the shooting deaths of 3 teenagers or children since late July, including the 5-year-old girl killed while sleeping in a mobile home in mid-August.

The Governor’s orders were also prompted in part by New Mexico’s and Albuquerque’s high violent crime and murder rates.  According to a recent  analysis from the nonpartisan Pew Research Center and based death-certificate data from the Centers for Disease Control and Prevention, New Mexico is among 5 states with the highest rates of gun killings in 2021. The Pew Research Center found 11.7 killings per 100,000 people in New Mexico, just below Alabama, Louisiana, Mississippi and the District of Columbia. Violent crime is also very problematic in Albuquerque  where homicides set a record in 2022 with 120 people killed. The pace appears to be slowing down in Albuquerque in 2023  with 76 victims as of September 8.  Firearms accounted for the vast majority of violent crimes at 83%.

FLURY OF LEGAL CHALLENGES FILED

The Governor’s actions have sparked federal lawsuits, cries for impeachment,  protests and declarations by law enforcement that the orders will not be enforced. During her September 8 press conference, Governor Lujan Grisham said the Public Health Order will likely face a legal challenge.  Lujan Grisham said this:

“I can invoke additional powers. … No constitutional right, in my view, including my oath, is intended to be absolute. … I’ve warned everyone that we expect a direct challenge, probably as you’re writing this we’re getting a challenge, and that’s the way it should work. But I have to take a tough direct stand, or basically I’m just ignoring the fact that we lost an 11-year-old, another child.”

On September 9, a federal  lawsuit was filed by Albuquerque resident Foster Allen Haines in conjunction with the National Association for Gun Rights, or NAGR, claiming that Lujan Grisham’s order is unconstitutional and seeking damages. Timothy White, the attorney who filed the suit,  said this:

“Nothing else to say really, just that the NAGR and Mr. Haines represent thousands of New Mexicans that are not going to put up with tyranny.”

As of Monday September 11, four lawsuits had been filed calling on a judge to issue a restraining orders immediately to halt the public health order arguing claiming it violates the Second Amendment right to bear arms.  Groups suing the state over the prohibition include the National Association for Gun Rights, and We The Patriots USA, Inc. The Republican Party of New Mexico said late Monday it was preparing to file a lawsuit.

Tim White, the  attorney representing the National Association for Gun Rights, had this to say about the Governor’s actions:

“It’s the danger to our democracy, because the executive, the legislative and judicial branches of our government, whether it’s state or federal, are supposed to stay in their lanes. … Governor Grisham’s health order – it’s not out of the lane, it’s not even in the country.”

Zachary Fort with the New Mexico Shooting Sports Association said the organization is preparing  to legally challenge the order and will file a lawsuit within days. Fort said this:

“What the governor [is trying to] … do flies directly in the face of  [New York State Rifle & Pistol Association v. Bruen the] decision by the Supreme Court, where they found that you have a constitutionally protected right to carry a firearm outside your own home. … The Supreme Court said that very clearly in their Bruen decision. So, it’s clearly contradictory to that.”

EDITOR’S NOTE:  In the June 2022 Bruen case, the United states Supreme Court expanded the right of law-abiding Americans to carry guns in public for self-defense. The case ruling takes away the ability to take into account arguments about a compelling government interest, like the gun violence that Lujan Grisham said prompted her order. Now, judges must solely rely on whether any similar historical examples exist.

Senate Republican Leader Gregory Baca says that Senate and House Republicans are moving forward with a lawsuit and that it is expected to be filed by Wednesday, September 13. Baca said this:

“Based on the past actions of the governor from the health orders we saw come out of the COVID crisis, we saw that one got extended, and extended, and extended … What we need to do is step in.”

The American Civil Liberties Union of New Mexico issued a statement on the lawsuits filed.

“We are closely monitoring the legal challenges to this executive order, recognizing that many people in our state are focused on the section related to firearms.”

However,  other aspects of the governor’s order, such as making $750,000 available for increased state law enforcement efforts, are concerning to  the ACLU. Lalita Moskowitz, litigation manager for the ACLU of New Mexico said this:

“This kind of approach leads to the over-policing of our communities, racial profiling, and increased misery in the lives of already marginalized people.  The governor should be following evidence-based solutions such as meaningful diversion and violence intervention programs and addressing the root causes of violence.”

LAW ENFORCEMENT OFFICIALS DECLINING TO ENFORCE

On September 8, Albuquerque Police Chief Harold Medina said APD would not be enforcing the order.  Medina emphasized that doing so could violate the APD’s police reform settlement agreement with the U.S. Department of Justice. Chief Medina emphasized the need to keep people charged in certain crimes in jail until trial but also to provide resources to the Metropolitan Detention Center, where 26 people have died since 2020 from a variety of causes, many of them health-related.

On September 11, Bernalillo County Sherriff John Allen, flanked by his undersheriff’s, held a press conference where he announced in no uncertain terms that his office will not be enforcing the Governor’s health care orders.  Sherriff Allen said he understands the urge to do something to protect the public, but the ban is unconstitutional. Sheriff Allen said this:

“My oath was to protect the Constitution, and that is what I will do. … It’s unconstitutional, so there’s no way we can enforce that order. … This ban does nothing to curb gun violence”.

https://www.abqjournal.com/news/sheriff-in-new-mexicos-most-populous-county-rejects-governors-gun-ban-calling-it-unconstitutional/article_6a70beed-0cd4-5e4c-9213-bdf49fdb1ced.html#tncms-source=home-featured-7-block

In a previous press release, Sheriff Allen said this in part alluding to violence against his deputies trying to make arrests under the health care order:

“Governor Michelle Lujan Grisham issued an emergency order temporarily suspending open and concealed carry laws in Albuquerque and throughout Bernalillo County for the next 30 days. This move has been positioned as a response to the alarming and tragic rise in gun violence, particularly the heart-wrenching death of an 11-year-old boy this past week.

…

However, as the elected Sheriff, I have reservations regarding this order. 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.”

Governor Lujan Grisham angerly shot back at Sherriff Allen on social media after his press conference and she said this:

“I don’t need a lecture on constitutionality from Sheriff Allen: what I need is action. What we need is for leaders to stand up for the victims of violent crime. We need law enforcement, district attorneys, public officials, school leaders and state agencies to use every single tool at their disposal to stop this violence. Period.”

On September 9 Bernalillo County District Attorney Sam Bregman, who was  appointed by Lujan Grisham in January to fill the unexpired term of Raul Torrez who was elected Attorney General, joined Albuquerque Mayor Tim Keller and Police Chief Harold Medina saying they would not enforce the order.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional. … This office will continue to focus on criminals of any age that use guns in the commission of a crime.”

NM ATTORNEY GENERAL ANNOUNCES WILL NOT ENFORCE

On September 12, New Mexico Attorney General Raúl Torrez announced he cannot defend the governor’s public health order on firearms, exposing a divide between the state’s top-ranked elected Democrats.

In his letter to Lujan Grisham, Torrez said that although he agrees a debate is needed on the impact of gun violence, it cannot be rebranded a public health emergency to justify a blanket 30-day prohibition against carrying firearms in and around Albuquerque. He urged the governor to consider whether her time would be better spent on developing comprehensive legislation.

In a letter to Lujan Grisham, Torrez said that although he agrees a debate is needed on the impact of gun violence, it cannot be rebranded a public health emergency to justify a blanket 30-day prohibition against carrying firearms in and around Albuquerque. He urged the governor to consider whether her time would be better spent on developing comprehensive legislation.  In his letter to the Governor, Torrez said this:

“While I understand that frustration may have led you to undertake a unilateral approach to addressing the heart-wrenching challenge of gun violence in our community, I urge you to reconsider this course of action.” 

https://www.koat.com/article/new-mexico-attorney-general-gun-restriction-lawsuits/45105626

https://apnews.com/article/new-mexico-governor-guns-albuquerque-lujan-grisham-3b23b6656f6555950c1a65b62d98a5d0

https://www.abqjournal.com/ag-says-he-cant-defend-gov-s-health-order-on-firearms/article_405c10f4-d353-5884-9e24-909f759723fe.html#tncms-source=home-featured-7-block

PUSH BACK FROM  DEMOCRATS

Governor Lujan Grisham has also been on the receiving end of major  push back by Democrat legislators declaring her orders unconstitutional.

Democratic state Senator Joseph Cervantes of Las Cruces,  who successfully sponsored a 2020 red flag law making it easier for authorities to take weapons from people deemed dangerous to themselves or others, said this:

“Having passed key gun safety laws working with her administration, I call on the Governor to rescind her order outlawing arms. An unconstitutional approach undermines the important collaboration gun issues deserve, and the important role of a Governor to lead genuine reforms.”

Speaker of the House Javier Martinez issued a statement on the Governors Orders am said in a statement:

“Like many New Mexicans and citizens of Albuquerque, I am heartbroken that we have parents in our community who are mourning the loss of their young children to senseless gun violence. It’s absolutely critical that city, county, and state officials continue working together to prevent firearms from falling into the wrong hands. While I have strong concerns about the effectiveness and enforceability of this approach, we need to be focused on moving forward solutions that actually reduce gun violence and make our communities safer.”

Five conservative New Mexico House Democrats also voice opposition to the Governors order. Those house Democrats are State Representatives Joseph Sanchez, Ambrose Castellano, Harry Garcia, Patty Lundstrom and Willie Madrid. All four sent a letter to  the Governor that said in part:

We concur with law enforcement leaders that these executive orders violate law-abiding citizens’ Second Amendment rights and would require law enforcement officers to infringe upon these rights, which could expose officers, police agencies, and communities to civil litigation. We agree that the Governor does not have the authority to disregard both the New Mexico Constitution and the US Constitution.

Democrat United States Senator Martin Heinrich, who is running for a third term to the Senate  and who is said to be eyeing running for Governor in 2026,  gave what amounts to indirect criticism of the Governor when he said:

“The gun violence in New Mexico and across our country has had devastating impacts on families, communities, and our sense of safety. It’s why I led the effort on the first federal gun reform law passed in nearly three decades. There is more that can and should be done to stem the violence and ensure every American can feel safe at school, at the grocery store, or at the movie theatre. As we do that work, we need to focus on solutions that are constitutional and enforceable.”

https://www.koat.com/article/new-mexico-gun-ban-albuquerque-governor-backlash/45091513

https://www.kob.com/new-mexico/lawsuits-filed-after-new-mexico-governor-suspends-right-to-carry-guns-in-public/

https://www.abqjournal.com/news/flurry-of-lawsuits-challenge-governor-s-30-day-firearms-ban/article_1d37262a-50de-11ee-b19b-2f266eaec603.html

https://www.koat.com/article/new-mexico-gun-ban-albuquerque-governor-backlash/45091513

https://www.abqjournal.com/news/legal-fight-mounts-local-leaders-weigh-in-after-lujan-grisham-suspends-the-right-to-carry/article_529ed876-70b3-52c3-b8f5-e3bef44271df.html#tncms-source=home-featured-7-block

REPUBLICAN OFFICIALS REACT

Republican Public officials were quick to react and condemn Governor Lujan Grisham’s orders.

State Republican Representative Stefani Lord of Sandia Park and John Block of Alamogordo called for Lujan Grisham’s impeachment, saying her order violates constitutional rights and is “illegal in nature.” Lord said this:

“This is an abhorrent attempt at imposing a radical, progressive agenda on an unwilling populous.  … I have a newsflash for the Governor: The Second Amendment is an absolute right, and so is my authority to impeach you for violating your oath to New Mexico and the United States.”

New Mexico Senate Republican Leader Greg Baca issued the following statement:

“A child is murdered, the perpetrator is still on the loose, and what does the governor do? She throws the mayor of Albuquerque under the bus and then targets law-abiding citizens with an unconstitutional gun order. Tragically, this is what we have come to expect from an administration that refuses to take responsibility for the crime epidemic gripping our state. It is time for the governor to stop pointing fingers and admit that her soft-on-crime approach has failed and put the safety of all New Mexicans in great jeopardy.”

NM House Republican Leader Ryan Lane issued the following statement:

“It is unfortunate that the Governor has decided to politicize the death of an 11-year-old to push her anti-gun agenda. What’s likewise unfortunate is that with billions in revenue this state has not funded meaningful criminal justice reform including addressing reckless pre-trial release policies and behavioral health rehabilitation. The Democrat’s policies have created and exacerbated the crime crisis that is literally killing New Mexicans daily. It is unacceptable that it has taken this long to notice the number of everyday New Mexicans that are being affected by criminal violence.”

Republican Party of New Mexico Chairman Steve Pierce issued the following statement:

“She knew her order was illegal and did it anyway, just like the lawbreakers in our state. Criminals will not be affected by more laws since they don’t follow our laws now nor are they held responsible for breaking any of them.”

MAIN PROVISIONS OF PUBLIC HEALTH ORDER

It was on Thursday, September 7 Governor Michelle Lujan Grisham signed an Executive Order declaring gun violence and drug abuse a statewide public health emergency and declaring what she called an “epidemic of gun violence” in New Mexico. On Friday, September 8, pursuant to Governor Lujan Grisham’s Executive Order declaring gun violence and illegal drugs a public health emergency, NM Secretary of Health Patrick M. Allen Secretary issued a sweeping Public Health Oder.

The Public Health Order bans the carrying of firearms, concealed or openly, in any public space in Bernalillo County and any state property in New Mexico. Specifically, no firearms are allowed on state property, including state buildings and schools. This also includes other places of education where children gather, such as parks.

The Public Health Order is a statewide mandate, but it only suspends open and concealed carry laws in communities with extremely high violent crime rates and firearm-related emergency room visits which as it stands only includes Albuquerque. Bernalillo County and Albuquerque are the only two places in the state right now that are affected by the emergency order.

The Public Health Order requires monthly inspections of licensed firearm dealers and wastewater testing for certain drugs, such as fentanyl, at all public schools. The Regulation and Licensing Division will conduct inspections of licensed firearm dealers to ensure compliance with all sales and storage laws. The Department of Health, along with the Environment Department, will begin wastewater testing for illegal substances such as fentanyl at schools.

There are several exceptions to the order. The public health order does not impact private property, licensed firearm dealers, firing ranges, or shooting competitions. However, under the order anyone traveling between those locations must store their guns in a locked container or safety box.

Violating the public health order could result in civil citations and penalties and a fine of up to $5,000.

https://www.governor.state.nm.us/2023/09/08/governor-announces-statewide-enforcement-plan-for-gun-violence-fentanyl-reduction-plan-includes-30-day-suspension-of-concealed-open-carry-in-albuquerque-and-bernalillo-county/

COMMENTARY AND ANALYSIS

There is absolutely no doubt that gun violence and violent crime are out of control in Albuquerque and in the state driven by the proliferation of guns and illicit drugs. Notwithstanding, Governor Michelle Lujan’s Grisham’s Executive Oder as well as the Public Health Care Order are misguided and they are unconstitutional.

Simply put, there is no such thing as a state public health emergency exception to the United States Constitution. The orders will likely be found so broad as to be a clear violation of US Constitutional Rights and the Second Amendment Right to Bear Arms. The blunt reality is that the Governor’s Executive Order and Public Health Order will not result in reducing gun violence nor address the proliferation of guns.

The Governor’s actions will accomplish nothing other than ginning up Republican and Second Amendment Rights advocate ire that in turn will contribute nothing to the discussion of real solutions to the state’s gun violence and high violent crime rates. Absent from the Governor’s September 7 and 8^th press conferences was the presence of any of the New Mexico legislature Democratic leadership and that is very troubling and reflects she does not even have support of her own party.

GOVERNOR SHOULD IMMEDIATELY RETRACT ORDERS

Governor Lujan Grisham should immediately cancel and withdraw her Executive Order and the Public Health Care orders.  The issuance of the orders will likely result in the Governor’s poll numbers of support to plummet even further given New Mexico’s “gun culture” which is too bad and its a self inflicted wound.  A recent poll found that the Governor’s approval rating was at 47%.

It will not be the first time where Lujan Grisham issues Executive Orders that negatively impact her popularity. Her Public Health Care Orders regarding the Covid Pandemic had an impact on her popularity, but at least those orders could be easily justified involving a legitimate health care crisis and those health care orders were indeed constitutional and likely saved lives.

Rather than issuing executive orders declaring a public health crisis that were ostensibly a knee jerk reaction to the killing of a child in a road rage incident, the Governor’s efforts would be better spent on proposing meaningful legislation she wants in the upcoming 2024 legislative session which begins on January 16, 2024.  The session is the 30 short session where the Governor will dictate what measures can be considered.

ENACT “OMNIBUS GUN CONTROL AND VIOLENT CRIME SENTENCING ACT”

If Governor Lujan Grisham is indeed sincere about the State’s crime crisis  she should propose the enactment of an “Omnibus Gun Control And Violent Crime Sentencing Act.”

CRIME AND PUNISHMENT MEASURES

The message that must be sent out loud and clear to violent criminals by our elected officials is that New Mexico has a zero tolerance of violent crimes committed with firearms and the only way to do that is with with enhanced sentencings.

The following crime and sentencing provisions should be included in the “Omnibus Gun Control And Violent Crime Sentencing  Act”:

Allow firearm offenses used in a drug crimes to be charged separately with enhance sentences.

Making possession of a handgun by someone who commits a crime of drug trafficking an aggravated third-degree felony mandating a 10-year minimum sentence.

Increase the firearm enhancement penalties provided for the brandishing a firearm in the commission of a felony from 3 years to 10 years for a first offense and for a second or subsequent felony in which a firearm is brandished 12 years.

Create a new category of enhanced sentencing for use of a lethal weapon or deadly weapon other than a firearm where there is blandishment of a deadly weapon in the commission of a felony with enhanced sentences of 5 years for a first offense and for second or subsequent felony in which a lethal weapon other than a firearm is brandished 8 years

Increase the penalty of shooting randomly into a crowded area a second-degree felony mandating a 9-year sentence.

Increase the penalty and mandatory sentencing for the conviction of the use of a fire arm during a road rage incident to a first degree felony mandating a life sentence.

Change bail bond to statutorily empower judges with far more discretionary authority to hold and jail those pending trial who have prior violent crime reported incidents without shifting the burden of proof from the prosecution to the defense.

GUN CONTROL MEASURES

Gun control measures that should be included the “Omnibus Gun Control And  Violent Crime Sentencing  Act” would include legislation that failed in the 2023 legislative session and other measures and would include the following:

Call for the repeal the New Mexico Constitutional provision that allows the “open carry” of firearms. This would require a public vote and no doubt generate heated discussion given New Mexico’s high percentage of gun ownership for hunting, sport or hobby, but what is the real rational for allowing side arms and rifles to be carried down the street other than to intimidate others.

Restrict the sale, manufacture and possession of AR-15-style rifles along with semiautomatic firearms and make it a fourth-degree felony to purchase, possess, manufacture, import, sell or transfer assault weapons in the state.

Prohibited magazines with more than 10 rounds.

Prohibited the possession of semiautomatic firearm converter that allows the weapon to fire more rapidly.

Established a 14-day waiting period for the purchase of any firearm and requires a prospective seller who doesn’t already hold a valid federal firearms license to arrange for someone who does to conduct a federal background check prior to selling a firearm.

Established a minimum age of 21 for anyone seeking to purchase or possess an automatic firearm, semiautomatic firearm or firearm capable of accepting a large-capacity magazine.

Ban the manufacture, sale, trade, gift, transfer or acquisition of semiautomatic pistols that have two or more defined characteristics.

Revised the state’s Unfair Practices Act to target the sale of illegal firearms and parts, allowing the filing of lawsuits to enforce the act.

Prohibit in New Mexico the sale of “ghost guns” parts. Ghost guns are guns that are manufactured and sold in parts without any serial numbers to be assembled by the purchaser and that can be sold to anyone.

Require in New Mexico the mandatory purchase of “liability insurance” with each gun sold as is required for all operable vehicles bought and driven in New Mexico.

Mandate the school systems and higher education institutions “harden” their facilities with more security doors, security windows, and security measures and alarm systems and security cameras tied directly to law enforcement 911 emergency operations centers.

The Omnibus Gun Control And Violent Crime Sentencing  Act Omnibus Gun Violence And Sentencing  Act  must include funding for the criminal justice system. This would include funding District Attorney’s Offices, the Public Defender’s Office, the Courts and the Corrections Department and law enforcement departments across New Mexico.

CONCLUSION

Until the Governor and the New Mexico legislature get serious about New Mexico’s gun violence crisis and enacts reasonable gun control measures in conjunction with crime and punishment measures, we can expect our violent crime rates to continue to increase, and God forbid, yet another killing of a child which is what prompted the Governor to issue her executive orders in the first place.