In reaction to a wave of gun violence, New Mexico Governor Michelle Lujan Grisham on Friday issued an emergency order prohibiting the right to carry firearms in public throughout Albuquerque and the surrounding county for at least 30 days.
The 11-year-old boy was killed outside a minor league baseball stadium last week, and the Democratic governor said she anticipates legal challenges but felt forced to take action.
State police, according to Lujan Grisham, would be in charge of enforcing any civil infractions. Both Bernalillo County Sheriff John Allen and Albuquerque Police Chief Harold Medina stated they would not enforce it because it raises too many concerns regarding constitutional rights.
The prohibition on carrying weapons, which is categorized as an emergency public health order, is applicable to open and concealed carry in the majority of public areas, including city sidewalks and urban leisure areas. The limitation is based on a violent crime threshold that is currently only met by Albuquerque's metropolitan area. The temporary ban does not apply to police or certified security personnel.
A $5,000 fine and civil penalties might be imposed on violators, according to Caroline Sweeney, a spokesperson for the governor. As long as the handgun has a trigger lock or some other device that prevents it from discharging, people are nevertheless permitted to bring guns to select private facilities, such as a gun range or a gun shop.
Not all law enforcement officers agreed with Lujan Grisham's choice, she acknowledged.
“I welcome the debate and fight about how to make New Mexicans safer,” she said at a news conference, flanked by law enforcement officials.
John Allen expressed his concerns about the order in a statement late on Friday, but he was willing to work with authorities to stop gun violence.
“While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” Allen said. “I am wary of placing my deputies in positions that could lead to civil liability conflicts, as well as the potential risks posed by prohibiting law-abiding citizens from their constitutional right to self-defense.”
According to police spokesperson Gilbert Gallegos, enforcing the governor's order might potentially put Albuquerque police in a precarious position with the U.S. Department of Justice about a police reform deal.
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