The governor of New Mexico issued an emergency order on Friday banning the open and concealed carry of guns in Albuquerque and Bernalillo County for 30 days, following a series of shootings across the state.
A day prior, Democratic Gov. Michelle Lujan Grisham signed the public health emergency due to gun violence, citing it as the leading cause of death of New Mexico children and teens. Lujan Grisham said she anticipates legal challenges to her order, but placed the responsibility of enforcing the civil violations on state police.
But both Albuquerque police Chief Harold Medina and Bernalillo County Sheriff John Allen said they are hesitant to enforce the order, with Medina outright refusing to do so, according to the Associated Press.
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“I welcome the debate and fight about how to make New Mexicans safer,” Lujan Grisham said at a news conference.
Gubernatorial spokeswoman Caroline Sweeney told AP News that violators could face civil penalties and a fine of up to $5,000. With the exception of police and licensed security guards, the temporary suspension applies to open and concealed carry in most public spaces, including sidewalks and parks. Residents can still transport firearms to some private locations, however, if the gun has a trigger lock.
In issuing the order, Lujan Grisham pointed to numerous recent gun violence deaths in Albuquerque, including an 11-year-old killed outside a minor league baseball stadium from a suspected road rage incident and a 5-year-old murdered while asleep in a mobile home.
“When New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game—when their very right to exist is threatened by the prospect of violence at every turn—something is very wrong,” Lujan Grisham said in a statement.
Still, police have expressed worry about the constitutionality of the order.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” Allen said in a statement Friday. “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.”
Lujan Grisham’s order also requires state regulators to conduct monthly inspections of New Mexico firearms dealers to guarantee compliance. Plus, the New Mexico Department of Health plans to put together a comprehensive report of gunshot victims at state hospitals featuring age, race and ethnicity, gender, and the caliber of gun.
