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New Mexico Governor Michelle Lujan Grisham issued an emergency order temporarily suspending the right to carry firearms in public spaces in and around Albuquerque. This is effectively suspending the 2nd amendment of the U.S. Constitution. The Governor claims the city is in the midst of a public health emergency due to gun violence.

In a news conference in the Governor's Office on Friday, Sept. 8, 2023, in Santa Fe, N.M. Grisham announced the unprecedented action. And has ignited a fierce legal battle.

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The National Association for Gun Rights and local resident Foster Haines filed a lawsuit challenging the order's constitutionality. Amidst these legal proceedings, experts and officials weigh in on the implications of this controversial decision.

Governor Lujan Grisham's announcement of the 30-day suspension came in response to a recent surge in gun-related incidents, including the tragic death of an 11-year-old boy outside a minor league baseball stadium. 

This order, characterized as an emergency public health measure, applies to most public spaces, with state police responsible for enforcement and potential fines of up to $5,000.

Experts point out that in 2023 on a year-over-year basis, the crimes involving gun violence appear to be dropping for homicides in Albuquerque from 2022. And the rise in aggravated assault does not always include a firearm.

2nd Amendment Rights Suspended

While the governor's order found support among some officials, including Mayor Tim Keller and Police Chief Harold Medina, Bernalillo County District Attorney Sam Bregman refused to enforce it, citing concerns about its constitutionality. Sheriff John Allen expressed unease about the potential risks associated with prohibiting law-abiding citizens from their constitutional right to self-defense.

Legal scholars, such as Jessica Levinson from Loyola Law School, see Governor Lujan Grisham's decision as a deliberate attempt to provoke a legal debate concerning the Second Amendment. With a conservative Supreme Court poised to expand Second Amendment rights, the outcome of this legal battle remains uncertain.

Gun Rights Group Challenges the Order: Dudley Brown, the founder and president of the National Association for Gun Rights, condemned the governor's action as unconstitutional. Brown's organization promptly filed a lawsuit seeking a restraining order against the enforcement of the order, further intensifying the legal dispute.

Leading Republican figures, such as New Mexico Senate's Greg Baca and Albuquerque City Council member Dan Lewis, denounced Governor Lujan Grisham's order as an infringement on the rights of law-abiding citizens. The debate surrounding the order has taken on a distinctly partisan tone.

Grisham clarified that gun owners could still transport firearms to private locations like gun ranges or stores as long as they are properly secured. The order also mandates monthly inspections of firearms dealers and requires the Department of Health to compile detailed reports on gunshot victims.

Legal experts point out that the Governor's move is among the most restrictive measures ever taken by a governor in the United States. 

The Supreme Court's recent decision in the Bruen case, expanding the rights of law-abiding Americans to carry guns in public for self-defense, could significantly affect the legal battle over Governor Lujan Grisham's order. Judges are now constrained to consider historical examples rather than contemporary costs and benefits when evaluating similar government actions.

The legal battle began over gun rights, constitutionality, and public safety. It will undoubtedly be taken to the Supreme Court. The outcome of this dispute is anticipated to have far-reaching implications for gun control measures and the 2nd Amendment in the United States.