NM GOP leaders will file lawsuit against Democrat Gov. Grisham to block gun carry ban
The Republican leader of the New Mexico Senate will file a lawsuit against Democratic Gov. Michelle Lujan Grisham to stop her ban on carrying guns.
New Mexico State Senator Gregory Baca told Fox News Digital that his lawsuit, filed jointly with New Mexico House Minority Leader Ryan Lane, was his response to the governor’s order, which was passed as a measure of public health and prohibits concealed and open carry firearms in Albuquerque for at least 30 days.
New Mexico sheriff says he won’t enforce ‘unconstitutional’ gun ban: ‘To protect the Second Amendment’
New Mexico State Sen. Gregory Baca, the Republican leader of the Land of Enchantment’s upper house, hopped on the phone with Fox News Digital to discuss his lawsuit against Gov. Michelle Lujan Grisham. (Fox News Digital)
“We will be filing a lawsuit against them this week, most likely today or tomorrow, for their blatant unconstitutionality,” Baca told Fox News Digital, referring to the Second Amendment right to bear arms.
Baca, an attorney, said he didn’t know whether the lawsuit would go to the Supreme Court, but said “it doesn’t really need to go there because it’s so clear that it violates our Constitution … both at the national level.” as well as at the national level.” at the state level.”
The Republican leader of the New Mexico Senate said six lawsuits have already been filed against Grisham and that he and his colleagues “will file the lawsuit at the state court level in the New Mexico Supreme Court.”
Asked if he believes the public health order will be stopped, Baca said: “I do. I think that will definitely be the case.”
“It is likely that all of these lawsuits will be granted an injunction that will force the lifting of this health order at this time,” he continued. “If that is not the case, she can repeal the motion solely based on pressure from her own party and her own people.”
“We now have a number of high-ranking Democrats in this state who oppose it because, as I said, it is prima facie unconstitutional, including, as far as I know, six Democratic members of the House of Representatives,” Baca said.
Baca said six lawsuits have already been filed against Grisham and that he and his colleagues will “file the lawsuits at the state court level with the New Mexico Supreme Court.” (Steven St John/Bloomberg via Getty Images)
Baca said that while an impeachment inquiry must be initiated by the state House of Representatives, the Republican chamber of the House will “give our full attention when it reaches the Senate.”
The Senate Republican leader dismissed Grisham’s comments, claiming her oath to uphold the Constitution was not “absolute.”
“I believe that based on some of the words she said in her press statement, she essentially said that herself,” Baca said. “She said she broke her oath. In this case, I think that’s just a big revelation for people.”
“I have always understood that I take seriously the oath I took to both the United States military, this office and the New Mexico State Bar,” he continued. “And I felt like those should never be violated.”
Baca said he believes Grisham’s comments in which she claimed her oath to uphold the Constitution had limits actually violated that oath. (Steven St John/Bloomberg via Getty Images)
Baca’s lawsuit comes as Grisham faces intense opposition over her ban on concealed and open carry in Albuquerque.
Grisham is facing massive outcry from state law enforcement after attempting to ban concealed and open carry permits.
Bernalillo County Sheriff John Allen described Grisham’s 30-day public health order deemed “unconstitutional” during a press conference this week, even though she stood next to the governor as the policy was introduced.
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“It is unconstitutional, so there is no way for us to enforce this order,” the sheriff said in a news conference Monday. “This ban does nothing to curb gun violence.”
“We always have to remember that not only are we protecting the Second Amendment, but at the same time we have a lot of violence in our community. “Let me be clear, I hold my standards high and will not, if ever, shy away from what is right,” he said.
Grisham’s office did not respond to a request for comment.
Timothy HJ Nerozzi of Fox News Digital contributed to this report.