Over the weekend, prominent gun-control activist David Hogg condemned New Mexico governor Michelle Lujan Grisham’s emergency order banning the open and concealed carry of firearms in Bernalillo County, calling the order unconstitutional.
“I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution,” Hogg, a survivor of the Stoneman Douglas High School shooting, wrote on X, the social-media platform formerly known as Twitter, on Saturday.
I support gun safety but there is no such thing as a state public health emergency exception to the U.S. Constitution. https://t.co/6GfbOZLc7g
— David Hogg 🟧 (@davidhogg111) September 9, 2023
Hogg expanded on his thoughts later in the day. “I will say and do what I feel is right no matter how unpopular it’s [sic] might be.”
“If Dems don’t do enough on gun violence I have and will tell you. If I feel they approach it in a way I don’t agree with I will also tell you. Leadership is not about doing what is popular[,] it’s about doing what is right and what is needed to achieve the goal. I’m not here to be popular I’m here to stop what happened in Parkland from happening again,” the March for Our Lives organizer added.
Hogg’s response was inspired by Representative Ted Lieu (D., Calif.), who explained following Governor Grisham’s order, “I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution.”
Despite pushback from several commentators, Lieu, the vice chair of the House Democratic Caucus, insisted the Supreme Court upheld firearm carry laws “last year” in New York State Rifle & Pistol Association, Inc. v. Bruen. The ruling holds that states may not deny carry permits for subjective reasons such as whether the applicant has a special “need” for the permit in the eyes of the state.
“Whether or not we agree with it, the Supreme Court’s decisions regarding the Constitution are the law of the land,” Lieu responded to critics.
Grisham’s order, enacted on Thursday, instituted a 30-day prohibition on the open carry of firearms, which police and licensed security guards are exempted from. “When New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game — when their very right to exist is threatened by the prospect of violence at every turn — something is very wrong,” the Democratic governor said in an official statement at the time.
The order has divided public officials and prompted Grisham to preemptively address critics. “I welcome the debate and fight about how to make New Mexicans safer,” the governor said during a news conference on Friday at which the local district attorney was present.
Bernalillo County District Attorney Sam Bregman responded by saying he would not enforce the order.
“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional,” Bregman said Saturday.
“This office will continue to focus on criminals of any age that use guns in the commission of a crime,” he added.
County sheriff John Allen expressed his reservations over the constitutionality of Grisham’s order. “While I understand and appreciate the urgency, the temporary ban challenges the foundation of our constitution, which I swore an oath to uphold,” the sheriff 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.”
“All of those are unsettled questions,” Allen added.
The National Association for Gun Rights, alongside a local resident, has filed a lawsuit in the District Court of New Mexico challenging the order.