Michelle Lujan Grisham declared a public health emergency over gun violence in her state and imposed a 30-day ban on public carry in Albuquerque.
is broadly written, though plainly aimed at infectious diseases . It is questionable whether such a statute could allow the governor to transfer authority over firearm regulations from the Legislature to the department of health.
Still, let’s assume that the law does give Lujan Grisham expansive power to deem gun deaths a public health emergency and impose restrictions to address the crisis. Even then, nothing in the law gives the governor authority to effectively nullify a fundamental right. And in New Mexico, the right to public carry is fundamental. The state constitution
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