New Mexico conservatives call Gov. Lujan Grisham's Albuquerque gun ban an overreach

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CARLSBAD ― New Mexico Sen. David Gallegos is calling on communities in the state to pass a local ordinance which blocks enforcement of Gov. Michelle Lujan Grisham's recent ban on the open and concealed carry of handguns in cities experiencing large volumes of violent crime.

Lujan Grisham on Friday signed an executive order which suspended the right to carry firearms, open or concealed, in and around Albuquerque for 30 days, she said in response to recent gun violence which resulted in the death of several children in separate incidents.

The order applies to cities experiencing 1,000 violent crimes per 100,000 people and more than 90 firearms-related emergency department visits ― as of now only Albuquerque meets that requirement.

Gallegos, a Republican from Eunice, called the governor's order an "overreach" and her actions tyrannical.

“I don’t know why she is taking so much time disarming legal citizens of New Mexico. This is a bigger problem she’s been a part of when we don’t incarcerate people who commit crimes. My biggest fear is they’re going to push this out to break anyone that arms themselves," Gallegos said in an interview with the Carlsbad Current-Argus.

"We’re trying to get ordinances so people can protect themselves from her tyranny. No one has ever gone this far. She is breaking her oath of office. This is treason. She’s looking at this like she is queen of New Mexico. People are just so tired of how she operates.”

The governor herself admitted the order might not be constitutional and expected legal challenges to come.

Gallegos is just one of many officials in the state's conservative southeast corner who are vocal opponents to the governor's actions.

He urged city and county officials to take action by passing his proposed ordinance. Gallegos said the city of Eunice would plan an emergency meeting to consider the ordinance, though the Carlsbad Current-Argus was unable to confirm whether an emergency meeting had been scheduled as of Monday morning.

More: New Mexico governor issues order suspending the right to carry firearms in public across Albuquerque

Local law enforcement refuse to support order

Eddy County Sheriff Mark Cage, a Republican who is not seeking reelection to the seat in November and instead is seeking election as undersheriff to candidate Matt Hutchinson, said the right to bear arms would be "protected fiercely and without hesitation," in response to the governor's order.

"The Second Amendment is alive and well in Eddy County, New Mexico," Cage wrote in an online statement.

He said, in the statement, he believed the governor's executive order was a follow to emergency powers she used to enact COVID-19 regulations statewide, to which he said, "Many of us stood tall. Many cowed down."

A candidate for Cage's law enforcement position, Victor Martinez, in a statement posted to his campaign's Facebook page, echoed outrage on the governor's executive order.

Martinez said that he believes the order was unconstitutional and a "test run" that disregarded the rights of individual citizens.

"The Constitution is here for everyone, no matter if you’re Democrat, Republican, or Independent," the statement read.

Law enforcement in Bernalillo County and Albuquerque where the order currently applies, said law enforcement was placed in a precarious position by the executive order.

“I am wary of placing my deputies in positions that could lead to civil liability conflicts,” Allen said, “as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense," Bernalillo County Sheriff John Allen told the Associated Press.

New Mexico's Republicans outraged at order

Senate Republican Leader, Sen. Greg Baca (R- Belen), said in a Sept. 8 statement that Lujan Grisham is merely pointing fingers following a failed administrative effort to curb violent crime.

"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."

Baca said he planned to prepare a legal challenge to the order, a move that the state's conservatives are also planning to take.

The state's Republican Party followed the governor's announcement of the order on Friday with harsh condemnation, issuing a statement that said the order violated New Mexico's Constitution and the Concealed Handgun Carry Act of 2003.

"She knew her order was illegal but did it anyway, just like the lawbreakers in our state," a Republican Party statement read.

"Dangerous criminals won't be affected by the Governor's order and will continue to prey on vulnerable targets. those who will be affected are the many responsible, gun-carrying women and mothers who will be left defenseless and unable to protect themselves and their children."

The Party pointed to what it called Lujan Grisham's "failed approach" to violent crime as the reasons behind her order, and said it would also enter a legal challenge to the order.

Jessica Onsurez can be reached at jonsurez@gannett.com. Reporter Adrian Hedden contributed to this article.

This article originally appeared on Las Cruces Sun-News: New Mexico GOP, law enforcement: Governor's gun ban unconstitutional