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Law Enforcement Invokes Doctrine of Lesser Magistrates Against New Mexico Governor

On September 7, Governor Michelle Lujan Grisham issued an emergency order suspending the right to carry firearms in public across Albuquerque and the surrounding county for at least 30 days. This is the most unprecedented use of emergency powers since March 2020 from a governor of a state.

Just like with lockdowns, public health is being used as the enforcement mechanism. It is meant to be enforced against Concealed Carry Permit holders in most public places, from city sidewalks to recreational parks. Violators could face civil penalties and a fine of up to $5,000.

Governor Grisham gave a rant about the non-absolute nature of expressed rights in the Constitution at a press conference to defend her actions, and in typical gynocratic fashion relied on an irrational emotional appeal based on a homicide not committed by a concealed carry holder.

However, Albuquerque police Chief Harold Medina said he won’t enforce it, and Bernalillo County Sheriff John Allen said he’s uneasy about it because it raises too many questions about constitutional rights. These lesser magistrates, despite orders from the Governor, have decided to interpose, appealing to a higher power, in this case the law. When governors violate the law, it is the duty of lesser magistrates to not enforce their violations.

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