🇺🇸 Ban Blunder

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The Flag

Good morning, and happy Wednesday. A New England granddaughter took her 94-year-old grandmother across the country to see her 90-year-old sister for a final time. A video captured during their last night together is going viral on TikTok.

Plus, a 7-year-old cockatoo has claim to the title of fastest parrot on wheels after breaking the Guinness World Record for riding a pint-sized scooter. Chico the cockatoo traversed a distance of 5 meters — or 16.4 feet — in 17.79 seconds while riding his scooter.

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Right: How To Stop Democrats' Republic-Crushing Lawfare Mike Davis, The Federalist


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Ban Blunder

Last Friday, the Democratic governor of New Mexico, Michelle Lujan Grisham, announced a public health order that includes a “suspension of open and concealed carry laws in Bernalillo County, temporarily prohibiting the carrying of guns on public property with certain exceptions.”

Reporting from the Right: New Mexico governor shocks with comment about Constitution after issuing temporary gun ban: Not 'absolute' (FOX News)

Reporting from the Left: Outrage intensifies over New Mexico governor’s temporary gun ban as sheriff vows not to enforce it (AP)

From The Flag: An executive order temporarily suspending open and concealed carry laws in Albuquerque, New Mexico is facing backlash and criticism from lawmakers, presidential candidates, gun rights advocates, gun control advocates, and local law enforcement officials. Notably, voices on the left and right have been critical of the measure. Here’s more on what they’re saying.


This Is Unconstitutional

  • The NRA was quick to rebuke Grisham’s decision, claiming the order ignores the US Constitution and the New Mexico Constitution.

  • There is no New Mexico statute that gives a governor this kind of unilateral power, and certainly nothing in the US Constitution.

  • Even the prominent left-wing gun-control advocate David Hogg is blasting the order as unconstitutional.

‘Suspension’ of the Right to Keep and Bear Arms Is Both Illegal and Stupid Charles C. W. Cooke National Review: “This is not how the law works in America. As far as I can see, there’s nothing in any New Mexico statute that gives the governor the power to declare an emergency suspending the right to carry, and there’s certainly nothing in the U.S. Constitution that does. If our elected officials were allowed to shelve our unalienable rights every time they believed that those rights were being abused by outlaws, then they wouldn’t be unalienable rights; they’d be privileges. Lujan Grisham knows this — which is why she has said not only that she has ‘warned everyone that we expect a direct challenge,’ but that the arrival of such a challenge is ‘the way it should work.’ Those are the words of a person who knows she is breaking the law but has resolved to do it anyway. ‘I have to take a tough direct stand,’ she insists, giving the game away. Actually, she does not. She has to uphold her oath of office.

NRA slams Democratic governor's gun order, issues harsh advice Emma Colton, FOX News: “The National Rifle Association slammed Democratic New Mexico Gov. Michelle Lujan Grisham for ‘ignoring’ the Constitution and temporarily suspending open and concealed carry across Albuquerque and the surrounding Bernalillo County under an emergency public health order. ‘In a shocking move, Governor Lujan Grisham is suspending Second Amendment rights by administrative fiat, ignoring the U.S. Constitution and the New Mexico Constitution,’ NRA-ILA Executive Director Randy Kozuch told Fox News Digital. The NRA leader said the Democratic governor should instead cut down crime by eliminating ‘soft-on-criminal policies.’ Police data show there have been 76 homicide victims in Albuquerque so far this year, down from the 93 victims recorded during the same time period last year. ‘Instead of undermining the fundamental rights of law-abiding New Mexicans, she should address the soft-on-criminal policies which truly endanger its citizens,’ Kozuch said.

One more opinion piece from the Right: David Hogg Blasts New Mexico Governor over Emergency Order Banning Carry of Firearms Ari Blaff, National Review


Also: This Is Unconstitutional

  • Grisham has ignited opposition from Democrats and Republicans alike, but she is not backing down.

  • This was a forceful move that was borne of legitimate frustration, but what Grisham did is some dubious constitutionality.

  • “The rift underscores the tension for gun control advocates between proposing stricter laws and the legal roadblocks to actually enacting the legislation.”

Outrage over New Mexico governor’s temporary gun ban Aaron Blake, The Washington Post: “This weekend brought one of the most significant moments in the fight over gun rights… Grisham sought to ‘do something.’ But that something is of dubious constitutionality — so much so that some of her fellow Democrats and even a prominent gun-control activist quickly spoke out. … The decision has already led to more than a dozen state and federal restrictions being struck down or invalidated in part. Grisham’s move could be a major test case — and not just legally, but also politically. … Some on her side of the aisle quickly said…that while the motivation was commendable, Grisham is at the very least flouting the Constitution, as the Supreme Court very recently interpreted it. … The move builds upon a growing tendency in American politics for governors to test the limits of their authority and effectively dare the courts to stop them. Democrats have warmed to this approach, even in some cases when they had indicated they didn’t have those authorities.”

New Mexico governor’s gun ban draws bipartisan backlash Zoë Richards, NBC News: “The announcement prompted a string of lawsuits and ignited opposition from Democrats and Republicans alike. Bernalillo County Sheriff John Allen, a Democrat, said Monday he would not enforce the ban, which he called ‘unconstitutional.’ ‘This order will not do anything to curb gun violence other than punish law-abiding citizens from their constitutional right to self-defense,’ Allen said at a news conference. … Police data shows that through Friday there were 76 homicide victims in Albuquerque, the state’s largest city. ‘I don’t need a lecture on constitutionality from Sheriff Allen: what I need is action,’ Lujan Grisham said in a statement in response to a request for comment. ‘We’ve passed common-sense gun legislation, including red flag laws, domestic violence protections, a ban on straw purchases, and safe storage laws; dedicated hundreds of millions of dollars to a fund specifically to help law enforcement hire and retain officers; increased penalties for violent offenders and provided massive support to intervention programs,’ she added.

One more opinion piece from the Left: Democrats question legality of New Mexico's temporary gun ban order Erin Doherty, Axios


Higher Firearm Deaths in New Mexico

New Mexico was listed in 2021 among the top three states with the highest firearm mortality rates, according to data from the Centers for Disease Control and Prevention.

The state that year had a firearm-related death rate of 27.8 deaths per 100,000 people, following Louisiana’s 29.1 and Mississippi’s 33.9 (NBC News)

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