NM Governor bans guns in Albuquerque

Harry Christopher said:
I guess that I am confused.......it certainly appears to me that 220 years ago the question of illegal and unconstitutional laws was sufficiently addressed:

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Yes. This is, VERY carefully, not a law. It's an "executive action taken in accordance with a public health emergency."

Those have always violated the Constitution, for limited times and specific purposes.
 
paul73 said:
The working concept now is that nothing gets violated as nothing is absolute and everything is open for re-interpretation.

These are interesting times we live in.
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Ya, that concept might work........... until the shooting starts. Getting hit with a .308 from 300 yards is pretty absolute under anyone's definition.
 
Knob Creek said:
The New Mexico Bill of Rights ensures the Right to Bear Arms.

http://www.citizensincharge.org/files/New Mexico Constitution.pdf

And citizens may sue to bring claims against a Public body that violates that.

2021 New Mexico Statutes :: Chapter 41 - Torts :: Article 4A - New Mexico Civil Rights :: Section 41-4A-3 - Claim for violation of rights established pursuant to the bill of rights of the constitution of New Mexico.
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The false "state of emergency" is designed to give her protection from suits like this. I'm sure there are statutes about that, too.
 
Harry Christopher said:
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USA has no code of law, strictly speaking it has no law at all.
Any judge is free to provide any judgement based on personal interpretation of the objective reality, so it’s just a matter of placing properly prepared- ideologically- judges into courts to provide any required judgements.

But the deal with governors now who just ignore courts and courts decisions to order police to enforce their edicts is a new deal.
 
Picton said:
The false "state of emergency" is designed to give her protection from suits like this. I'm sure there are statutes about that, too.
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Seems to be Ch 12, Article 10A. The only statutory requirement seems to be that the governor "consult with the secretary of health" prior to declaring an emergency.

One hopes that, after this debacle, the legislature might revisit the ease with which that declaration can be issued... :rolleyes:
 
Picton said:
Yes. This is, VERY carefully, not a law. It's an "executive action taken in accordance with a public health emergency."

Those have always violated the Constitution, for limited times and specific purposes.
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The McCarthy v. Baker lawsuit was based on Baker's executive order that was made SUPPOSEDLY in the interests of public health......but even so the court I believe found that that E.O. was unconstitutional. If I am recalling the fundamental facts in that case correctly would not this New Mexico E.O. fall into the same classification as McCarthy regardless of how long it is said to be in effect??
 
Harry Christopher said:
The McCarthy v. Baker lawsuit was based on Baker's executive order that was made SUPPOSEDLY in the interests of public health......but even so the court I believe found that that E.O. was unconstitutional. If I am recalling the fundamental facts in that case correctly would not this New Mexico E.O. fall into the same classification as McCarthy regardless of how long it is said to be in effect??
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Different US court district, different constitutional question (retail vs carry).

I have no doubt a competent court will rule against Lujan IF the case goes far enough to get ruled on.
 
hunt4riches said:
By her exact words, she holds the authority to declare an emergency even greater, and ban gun possession absolutely, and also she has the power to go into people's homes and confiscate the firearms.
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As they say......"Good Luck in the cacacacontest".
 
hunt4riches said:
By her exact words, she holds the authority to declare an emergency even greater, and ban gun possession absolutely, and also she has the power to go into people's homes and confiscate the firearms.
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If her minions go to a person's house in New Mexico........ and see this yard sign ........they may wish to very carefully think about how their proposed actions will........ in all likelihood..... affect their immediate short-term future........

1694306342638.png
 
Picton said:
Different US court district, different constitutional question (retail vs carry).

I have no doubt a competent court will rule against Lujan IF the case goes far enough to get ruled on.
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Unfortunately, even if there is a ruling against her, it appears that politicians who legislate unconstitutional edicts do not have to worry about facing any consequences arising from their illegal actions. This sort of affaire is certainly responsible for the low esteem that a large part of the populace views government in this country today.
 
Harry Christopher said:
Unfortunately, even if there is a ruling against her, it appears that politicians who legislate unconstitutional edicts do not have to worry about facing any consequences arising from their illegal actions. This sort of affaire is certainly responsible for the low esteem that a large part of the populace views government in this country today.
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Well, in theory, the way it's supposed to work is that We The People won't stand for such shenanigans, meaning the consequence is that they get unelected.

In theory.

We could, I'm sure, establish harsher penalties. But that would be an implicit admission that this whole thing was an unworkable idea to begin with.
 
paul73 said:
USA has no code of law, strictly speaking it has no law at all.
Any judge is free to provide any judgement based on personal interpretation of the objective reality, so it’s just a matter of placing properly prepared- ideologically- judges into courts to provide any required judgements.

But the deal with governors now who just ignore courts and courts decisions to order police to enforce their edicts is a new deal.
Click to expand...

And this turn of events where judges and politicians can say the law means whatever they say it means is not only a relatively new development .......as far as I can recall...... but also a very disturbing trend where the concept of nobody being responsible for their own actions is now accepted as the new normal for societal behavior.

Up is down......right is wrong.......good is bad......if your aunt had balls, she would be your uncle......it is no wonder that us old farts are having a difficult time navigating these tumultuous days.......Jesus take the wheel.......I am ready to come home........

1694308145277.png 1694308365827.png
 
Picton said:
Well, in theory, the way it's supposed to work is that We The People won't stand for such shenanigans, meaning the consequence is that they get unelected.

In theory.

We could, I'm sure, establish harsher penalties. But that would be an implicit admission that this whole thing was an unworkable idea to begin with.
Click to expand...

I seem to recall that during the early days of this country's birth harsher penalties were in fact established and maybe our getting away from them is partly responsible for the present state of the land.

1694308840280.png

1694308690256.png
 
paul73 said:
But the deal with governors now who just ignore courts and courts decisions to order police to enforce their edicts is a new deal.
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And we’ve already crossed that rubicon with COVID, but this is the first time I’m aware of a public health emergency has been used to target citizen 2A rights.
 
Picton said:
Well, in theory, the way it's supposed to work is that We The People won't stand for such shenanigans, meaning the consequence is that they get unelected.

In theory.

We could, I'm sure, establish harsher penalties. But that would be an implicit admission that this whole thing was an unworkable idea to begin with.
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True.
We certainly do have a way to get rid of them.
It’s a shame how far we’ve fallen.
The founding fathers handed us the ball and we basically tripped over our own two feet, fell down, shit our pants, and are now rubbing it in our hair.
 

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