I realize lawyers can be wordy, and sometimes tricky in the application of their trade. Or, so it may appear to the average individual, including myself.
Which seems to be the case in New Mexico Gov. Michelle Lujan Grisham's gun control regulation, previously struck down by a federal judge, forbidding law abiding citizens from openly carrying or concealing, a private firearm in Albuquerque or Bernalillo County.
Since the judge found Ms. Grisham's original gun proclamation to be in violation of an individual's constitutional rights, it seems she simply redressed the executive order, and handed it over to her secretary of health, Mr. Patrick M. Allen.
On Sept. 15, 2023, Allen merely rewrote certain sections of the mandate to include state and public parks as areas forbidden to carry a legally owned firearm. (Grant County Beat, Sept. 15, 2023.)
This contorted logic is supposed to curb drug and gun violence in these locations. What next, no lawful concealed carry while stopped at a traffic light on a public road?
Except, these executive orders restrict lawful gun owners, while unlawful gun users will continue to proceed as usual.
Secondly, aren't some state and public parks within the county of Bernalillo? Didn't a judge recently decide lawful open and concealed gun carry is permissible for citizens of Albuquerque and Bernalillo County? Wouldn't this include the parks?
Thirdly, can a state government department official now decide what is lawful and what isn't? Particularly, is a state health department secretary now empowered to enact executive orders affecting the constitutional rights of private citizens? If so, where does this authority originate, and where in the U.S. Constitution can it be found?
This latest stunt may be headed back to the courts - again. Round 2, of a continuing saga of a governor determined to impose her will in spite of lacking proper authority.
Remember, she's publicly stated no constitutional provision, or her oath of office, is an absolute right.
If that's the case, what's the point in an oath of office ceremony if the words are meaningless?
It might be a good idea if Ms. Grisham took a refresher course on state and U.S. Constitutional law. She may actually discover the federal constitution is absolute, unless amended following a certain procedure. A state constitution is the same, since it must be in compliance, "pursuance," with the federal constitution.
Sometimes, a person's inflated ego bumps up against reality. Even a state governor isn't immune to the affliction.