However, Bernalillo County Sheriff John Allen again sided with the Second Amendment when he clarified that his department will not issue citations to law gun owners who carry in these prohibited locations.
He also forcefully refused to carry out Grisham’s original gun ban covering the entire city and county.
Allen was asked last week if the playground and park ban is enforceable or even effective in combating violent crime. He simply responded, “no and no.”
He added, “It wouldn’t make a difference because, again, you’re just going after law-abiding citizens with firearms. And it does nothing to drive down gun crime or any other crime — whether it’s at a playground or somewhere else. It’s not common sense to me at all.”
On Wednesday, a federal judge rejected a challenge from gun rights groups to block the so-called “public health order.” This gave the relieved governor a small victory in what had been an overwhelming string of defeats since her ill-advised gun ban.
U.S. District Judge David Urias turned down the legal request from gun rights advocates who sought an injunction on the temporary ban. Second Amendment supporters argued that Grisham’s act deprived law-abiding citizens of their constitutional right to carry.
Due to the ruling, her act will remain in effect as lawsuits against it are adjudicated.
Urias previously blocked part of Grisham’s unilateral public health order that swept away the right to carry guns in most of New Mexico’s most populated area. She returned after that stinging defeat with a much narrower order, and this time it was upheld.
Violators could face fines up to $5,000 through civil administrative penalties.
However, they will not be cited by the Bernalillo County Sheriff’s Department.
After the judge’s ruling, the office told KUNM through an email that the order will not be enforced in parks or playgrounds. Spokesperson Jayme Fuller-Gonzales told the outlet, “Though we acknowledge the order’s intent, our attention is on the pressing violent crime issues in our community.”
In other words, deputies will not be harassing law-abiding citizens exercising their fundamental right to self-defense.
With violent crime sweeping the nation, it is quite understandable that responsible parents want to be able to defend their little ones when taking them to parks and playgrounds. After all, criminals do not care in the slightest if they are armed in a location deemed off-limits by the governor.
Grisham, however, did not make that distinction. Speaking at a news conference, she declared that “the more guns you have on the streets, the less safe it is.”
She also expressed her anticipation for the order’s enforcement in Bernalillo County. Good luck with that.
As for Albuquerque, Police Chief Harold Medina merely confirmed on Thursday that his department will “investigate all criminal offenses involving a firearm. When officers encounter individuals who violate the state’s emergency order and possession is the only violation, they will forward those cases to the New Mexico State Police.”
Politely put, Albuquerque police will not look to single out those who legally carry. They will leave that decision with the state police.
Grisham is merely attempting to save face after being roundly defeated as gun rights supporters unified in protest of her sweeping action. As with round one, round two will also end with a whimper, and fundamental gun rights appear safe for now in New Mexico.
