“The right of the people to keep and bear arms shall not be infringed.” Unless you are New Mexico Governor Lujan Grisham, who thinks she can just declare a public health emergency and ignore what the Constitution says. Yes, in her view, she can declare an emergency and then all “rights” are on the table, and she is free to suspend them as she wishes.
Thankfully, this was too far for even anti-gun politicians like Rep. Ted Lieu from California and New Mexico’s own Attorney General who said he would not defend the declaration in court. In other words, it was so clearly unconstitutional that even the most radical gun control advocates distanced themselves from it.
Abuses of Emergency Powers During COVID
But it is an important reminder of the abuse of emergency powers we all experienced during COVID, and why it is critical to rein in these powers. While it’s clearly unconstitutional to suspend the 2nd amendment with an emergency declaration, most states over the last 100 years have granted extremely broad powers to the executive branch to declare so-called public health “emergencies…”
The political fallout has continued from New Mexico Governor Michelle Lujan Grisham’s controversial executive order on the Second Amendment from earlier this month.
Late last week, the Arizona Sheriffs’ Association issued a letter to “publicly rebuke the order of New Mexico Governor Michelle Lujan Grisham that suspended the second amendment in Bernalillo County, New Mexico.”
In New Mexico, the governor is limiting 2nd Amendment rights. That shouldn't happen. Our letter of concern here: pic.twitter.com/n8PXrDZxHK
The letter, which was signed by the Association’s President and Yavapai County Sheriff, David Rhodes, asserted that “this chilling executive order erroneously cites a public health emergency but is nothing less than a full-blown violation of constitutional rights.” Rhodes’ letter added that the executive order out of New Mexico is “unparalleled and unprecedented” executive overreach in the United States, and that it “completely disregards well established case law and interpretation of the second amendment by the United States Supreme Court which has upheld an individual’s right to bear arms in self-defense.”
Sheriff Rhodes acknowledged the worries over crime across the nation and shared his insight on how communities and law enforcement officials could get control of the issues they face, writing, “To regain control of public safety, measures must be taken to inspire confidence that the law will be enforced against those who commit crimes, not those who don’t. Zero tolerance for crime, support for law enforcement, border security, and the encouragement of law enforcement to be proactive in their duties are all strong starting points. No community will ever be safe without the ever-continuing development of relationships between the police and the community.”
In his letter, Rhodes warned that “violating constitutional rights will do nothing to make the public safe,” but would rather “make the public less safe by eliminating individuals’ ability to defend themselves.”
The leader of the state’s sheriffs’ association closed his communication by addressing his fellow colleagues across all jurisdictions in law enforcement. He said, “And finally, to all our elected sheriffs, chiefs of police and law enforcement officials that took an oath to their office: Remember this: that oath is absolute, no matter what the governor of New Mexico claims. The Constitution, which you swore to uphold and defend, was designed by our founders specifically to protect us from the government overreach that the governor of New Mexico is attempting to exact on her citizens right now. We have been warned many times throughout history that leaders would attempt to exchange perceived security for constitutional rights. Resist that urge now by refusing to violate the constitutional rights of your fellow citizens of New Mexico.”
Rhodes’ letter stands in stark contrast to a social media post from the Arizona House Democrats Caucus that was sent out shortly after the New Mexico executive order hit the wires. That post appeared to endorse the controversial and legally suspect action from New Mexico’s Governor.
Republican Maricopa County Attorney Rachel Mitchell was quick to respond to the House Democrats’ post, vowing to see them in court if it ever came to that point on this issue of restricting Arizonans’ constitutional freedoms.
— County Attorney Rachel Mitchell (@Rachel1Mitchell) September 9, 2023
Just days after the executive order was signed, a U.S. District Judge in New Mexico granted a temporary restraining order to two of the governor’s sections in her action. That court decision followed a letter from the state’s attorney general, Raúl Torrez, who informed the governor that she was on shaky constitutional grounds with her order. Attorney General Torrez stated, “Though I recognize my statutory obligation as New Mexico’s chief legal officer to defend state officials when they are sued in their official capacity, my duty to uphold and defend the constitutional rights of every citizen takes precedence. Simply put, I do not believe that the Emergency Order will have any meaningful impact on public safety but, more importantly, I do not believe it passes constitutional muster.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Gov. Michelle Lujan Grisham is abusing New Mexico’s public health laws by declaring a “mass shooting health emergency” and has decided that the right to conceal- or open-carry a firearm for one’s own self-defense is what’s causing a crime wave to sweep Bernalillo County and the City of Albuquerque. Yes, she is attempting to suspend the Second Amendment via an executive order. In so doing, she has crossed the political, legal, and constitutional Rubicon and the end result will be to turn this part of New Mexico into a free-for-all crime zone.
As common sense tells us, what encourages crime is lax enforcement of the law, not draconian enforcement of unconstitutional edicts upon law-abiding citizens. The revolving door criminal justice system to which Gov. Lujan Grisham and her political ilk have subjected the residents of New Mexico has touched off a crime wave that has decent people seeking to protect themselves and their loved ones.
Disarming the residents of Bernalillo County will not make them safer. It will make them victims.
Criminals are criminals because they break the law. They don’t complete ATF screening forms, submit themselves to background checks and waiting periods, and then abide by posted signage that says a certain location is a gun-free zone. No, they break the law by committing wanton acts of violence. They steal, rob, rape, and murder. These acts are already illegal. Clearly, the governor’s executive order will be meaningless to those who perpetrate these crimes.
But, crime is not what Gov. Lujan Grisham really cares about. She simply wants to push her anti-freedom agenda and disarm the good people of Bernalillo County.
Her goals are no different from those of the Southern ex-Confederates who formed the KKK and disarmed freed Black Americans to continue to promote a system of bigotry. Her aims are those of corrupt Northerners who pushed gun control to keep Irish and Italian immigrants from being able to defend themselves from corrupt party bosses and city officials who preyed on them for “protection.” She wants to disarm the people and make them subservient to her political machinations.
At Gun Owners of America, a number of our staff are proud former law enforcement officers. They understand that they swore to uphold and protect the rights of their fellow citizens. The same is true for officers currently serving in New Mexico. They know that the United States Supreme Court has made clear that the right to keep and bear arms applies both inside and outside one’s home.
But, Gov. Lujan Grisham does not care that police have the duty to disobey illegal orders as part of their oaths. Similar to dictators in tyrannical regimes, she expects the rank and file police to just do her bidding. Luckily, some wearing the badge understand this. Local Sheriff John Allen noted that, “This order will not do anything to curb gun violence other than punish law-abiding citizens from their constitutional right of self-defense.” Albuquerque’s Police Chief, Harold Medina, said simply he won’t enforce the order. Now, even the Democrat Attorney General has announced he will not enforce this ban, stating bluntly “I do not believe it passes constitutional muster.”
Despite this, the Governor’s actions still place the residents and visitors of Bernalillo County at extreme risk. While some law enforcement officials have declared they will not enforce her illegal order, the risk still exists for a patriotic American to wind up at the end of an officer’s muzzle if they are willing to enforce this unconstitutional edict. Gov. Lujan Grisham will have officers on the streets under the mistaken belief that anyone in public with a firearm is a criminal.
Far from addressing a crime emergency, the governor has created one with her soft-on-crime policies. Now she seeks to exploit that to pursue her anti-freedom agenda. Her actions will disarm the residents and visitors of Bernalillo County and turn it into a free-for-all crime zone in which the law-abiding public will be made victims. Most dangerously, innocent people could very well be gunned down by police who believe the law-abiding are the criminals. All this while, without even a touch of shame, Gov. Lujan Grisham is protected by taxpayer-funded armed guards. We the people must push back.
Tim Macy is a contributor to The Daily Caller News Foundation and serves as the Chairman of Gun Owners of America, a non-profit “no-compromise” grassroots lobbying organization boasting over two million members. His organization has filed suit against the order discussed in this piece.
The largest wind energy project in the Western Hemisphere is one step closer to generating electricity for 3 million Americans after Pattern Energy received the final approval it needs from Arizona officials for a transmission line that will carry electricity from the New Mexico wind project to Arizona.
The Arizona Corporation Commission (ACC) recently gave its unanimous approval to the Certificate of Environmental Compatibility application for Pattern Energy’s 550-mile SunZia Transmission project. The transmission line will be the conduit for Pattern Energy’s own 3,500MW SunZia Wind facility being constructed across three central New Mexico counties.
The ACC certificate represents the completion of the Arizona permitting process for the ±525 kV high-voltage direct current (HVDC) transmission line that will enter Arizona from the east, running along the southern end of Graham and Greenlee counties before veering southwest through northern Cochise County.
The line will then head northwest through the far northeast corner of Pima County before heading on to Pinal County where the project ends. There are plans for a third party transmission line to then carry the electricity to the Palo Verde Hub.
Pattern Energy continues to work with the Bureau of Land Management (BLM) as well as local jurisdictions and stakeholders to finalize the remaining approvals needed to allow construction on the projects to begin on schedule in mid-2023. A Record of Decision from BLM is anticipated in April 2023, the key approval required prior to construction.
Those approvals will bring badly needed temporary and permanent jobs to Arizona, particularly in Cochise County and Pinal County. There will also be associated revenues such as for materials, equipment, fuel, and temporary housing.
“This project is of great economic benefit with more than 2,000 construction jobs and up to 150 permanent jobs, which for our rural communities is a lifeline,” said Mignonne Hollis, Executive Director of the Cochise County-based Arizona Regional Economic Development Foundation. “It’s vital for our county, which continues to see a decline in population, to have stable jobs come into our region.”
The SunZia wind and transmission project was first proposed in 2006 and received its first granted accepted rating from the Western Electricity Coordinating Council in 2011. Its first of many federal approvals came in 2015.
Since then, dozens of environmental and sustainability reviews have been conducted for the joint project, which will have a footprint in 13 counties between the two states.
Company officials say the combined SunZia Wind project and Transmission project comprise the largest renewable energy infrastructure project in U.S. history with a total privately-funded investment of more than $8 billion.
“The unanimous decision by the ACC to grant a Certificate of Environmental Compatibility for the SunZia Transmission line represents a major milestone towards the completion of this project,” said Mike Garland, CEO of Pattern Energy which owns the SunZia project. “Once complete these projects will combine to increase the reliability of the western grid, create good jobs, and bring millions of dollars in economic benefits to Arizona and New Mexico.”
The operational portfolio of California-based Pattern Energy includes 35 renewable energy facilities that use proven, best-in-class technology with an operating capacity of nearly 6,000 MW in the United States, Canada, Japan, and Mexico.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
