New Mexicans Do The Most American Thing Ever To Defy Second Amendment Ban
Protestors Do The Most American Thing Ever To Defy Second Amendment Ban
'We will not comply!' Gun owners publicly defy New Mexico governor's suspension of open and concealed carry law, gun rights org files lawsuit
Gun owners staged a defiant protest of the suspension of open and concealed carry laws by New Mexico Gov. Michelle Lujan Grisham – a Democrat.
On Sunday afternoon, dozens of gun rights activists gathered in Old Town Albuquerque to voice their displeasure with Gov Grisham's 30-day suspension of open and concealed carry laws that went into effect in the city of Albuquerque and Bernalillo County. Many of the protestors openly displayed their firearms in a deliberate defiance of Grisham's decree.
Protesters proudly displayed American, Gadsden, and "Come and Take It" flags. A man was holding a sign addressed to Grisham that read: "Our founding fathers warned us about you." A woman was holding a sign that stated: "Gun rights are women's rights."
A demonstrator proclaimed, "This will not stand. We will not comply!"
A woman identifying as an indigenous person told the crowd, "The law doesn't protect us!"
Another woman said, "Our rights come from God, and our privileges come from government."
Ford Fischer – editor-in-chief of News2Share – posted video from the protest on YouTube.
"One speaker at the armed rally in Albuquerque defying the gun carrying ban told the crowd that they need to go out and do this every day, or else it wouldn't have an impact," Fischer wrote.
"While the police didn't enforce the order, it includes a $5000 fine for violators," he added.
There was one anti-gun demonstrator wearing a face mask, but the gun activists gave him a chance to speak and then attempted to refute his claims.
New Mexico gun owners defy executive order banning open and concealed carry in Albuquerque www.youtube.com
Grisham is attempting to justify the suspension of gun rights by declaring a public health emergency based on recent gun violence.
On Saturday, the National Association for Gun Rights filed a lawsuit against Grisham and New Mexico Department of Health Secretary Patrick Allen over the emergency public health order suspending gun rights.
The lawsuit, filed in the US district court for New Mexico, asserts that the governor's order violates the Second Amendment.
“The State must justify the Carry Prohibition by demonstrating that it is consistent with the Nation’s historical tradition of firearm regulation. But it is impossible for the State to meet this burden, because there is no such historical tradition of firearms regulation in this Nation,” the lawsuit states.
According to CNN, "Throughout the suit, the plaintiffs cite a 2022 Supreme Court decision that struck down a New York gun law that restricted the right to concealed carry outside the home."
Also on Saturday, another lawsuit was filed to block the temporary health order banning openly carrying guns in public spaces. The lawsuit compares the suspension of open and concealed carry laws to "martial law,” and maintains that it violates constitutional rights.
Florida Gov. Ron DeSantis ripped the so-called emergency public health order, and said Grisham is weaponizing the order to "infringe on Second Amendment rights by executive fiat."
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Texas judge rules that all adults, including 18-year-olds, have the right to open-carry a handgun
A Texas judge has struck down a recent state law that prohibits adult civilians between the ages of 18 and 20 from carrying a handgun, claiming that such a law is unconstitutional.
On Thursday, district court Judge Mark Pittman ruled that the law violated the Second Amendment of the U.S. Constitution, which states that "the right of the people to keep and bear Arms, shall not be infringed."
Pittman also examined history and determined that prohibiting adults, though young, from carrying handguns openly had no historical precedent.
"The undisputed historical evidence establishes that 18-to-20-year-olds were understood to be a part of the militia in the Founding Era," Pittman wrote in the opinion.
The lawsuit against the state ban was first filed last November by two unnamed adults between the ages of 18 and 20, as well as the Firearms Policy Coalition, a self-described "next generation" gun-rights advocacy group that engages in "litigation, research, scholarly publications, amicus briefing, legislative and regulatory action, grassroots activism, education, outreach, and other programs" to achieve its aims.
This decision in Texas is believed to be the first major Second Amendment judicial ruling since the Supreme Court of the United States struck down stringent gun restriction laws in New York state in June. In his opinion on behalf of the 6-3 majority, Justice Clarence Thomas wrote, "We know of no other constitutional right that an individual may exercise only after demonstrating to government officers some special need," thus gesturing to a broad understanding of the Second Amendment.
Pittman repeatedly cited the New York State Rifle & Pistol Association v. Bruen SCOTUS decision in his ruling to end the ban on open carry of handguns for adults 18 to 20.
That case marks the second time in less than a year that a ruling from Pittman has made national headlines. Back in November, Pittman determined that United Airlines had not violated the religious or civil rights of its employees by placing on unpaid leave those employees who refused to comply with the vaccine mandate. Some employees in the Dallas/Fort Worth area had sued the airline, claiming that the monetary loss from the unpaid leave caused them "imminent, irreparable harm." Pittman disagreed.
"United exempted plaintiffs from the mandate; plaintiffs are not required to violate their religious beliefs,” Pittman said in the opinion. “United’s employees claimed they faced an impossible choice: get the vaccine or endure unpaid leave. But they have chosen the latter. Their dispute thus centers on United’s response to their choice."
The Fifth Circuit Court of Appeals has since overturned that decision.
Constitutional carry bill advances in Georgia
The state legislature in Georgia advanced a constitutional carry bill that would remove the license requirement for residents to carry a handgun in public.
A bill offered by state Sen. Jason Anavitarte (R) would make it so that any legal gun-owner in the state could carry a handgun — either openly or concealed — without needing a license to do so.
Democratic lawmakers have criticized the measure, claiming it would make it easier for criminals to get guns and warning that violence will increase. But Republicans counter that criminals don't abide by gun laws, which they say only serve to restrict the constitutional right to bear arms.
The bill was approved by the state Senate Judiciary Committee on Tuesday and will next advance to a floor vote. Gov. Brian Kemp (R) has supported the bill, arguing Georgians have a constitutional right to self-defense.
According to the Associated Press, current license laws in Georgia require a background check to prevent certain people from acquiring guns, including convicted felons. Anavitarte said that background checks would still be required for gun purchases under his bill. He argued that criminals are unlikely to apply for a permit anyway, and removing the license requirement won't impact crime.
“The requirement to have a permit does not deter nor disincentive a criminal from carrying a firearm concealed,” he said. “They will do it regardless. Permitless carry gives criminals a reason to fear that any potential victim could be armed.”
Before the committee vote, state Sen. Elena Parent (D) claimed that removing the background check requirement for handgun licenses would "remove one of the very small" means by which guns are kept away from criminals.
Other Democrats asked if the bill's supporters had consulted with law enforcement and disputed that license requirements significantly curb 2nd Amendment rights, according to the AP.
Anavitarte answered that concerns about gun violence and safety can be addressed by increasing spending on law enforcement and policing.
Georgia law currently requires gun owners to obtain a license to carry a loaded handgun outside their own homes, in businesses, or in vehicles. Rifles and shotguns may be openly carried in many places without a permit, and unloaded guns can be carried in cases.
State residents that wish to obtain a handgun license must submit an application and pay a fee to do so. They are also required to have their fingerprints taken and to submit to a background check. Convicted felons, people who have been hospitalized for mental health problems, and those who have received treatment for drug or alcohol abuse in recent years before applying for a license are not eligible to obtain one.
South Carolina Senate rejects constitutional carry, passes open carry with requirements
The Republican-controlled South Carolina Senate on Thursday passed a watered-down open carry bill that would allow trained gun owners with a concealed weapon permit to carry their handguns in public view.
Conservative Republicans in the state Senate attempted to expand the legislation into a full-on "constitutional carry" bill to let all legal gun owners carry firearms publicly without a permit, but nine GOP senators voted to reject the amendment.
The bill that passed Thursday requires people who have concealed weapons permits to undergo training and background checks to be allowed to carry their handguns openly. The training must include how to properly holster a firearm and de-escalation techniques for hostile situations. Those applying for a concealed weapons permit must also fire a minimum of 25 rounds during training.
Following several days of heated debate, during which Democrats decried a bleak future where Wild West shootouts occur in South Carolina streets, the bill passed 28-16 with just one Republican opposed.
"It's just a recipe for disaster that can easily be avoided," state Sen. Kevin Johnson (D) said. "I'm just asking that we think very carefully about what we're doing to our beautiful state by turning into a scene from the wild, wild west."
Democrats observed that doctors and law enforcement officers testified in opposition to the bill during subcommittee hearings.
"The medical community is against this bill, law enforcement is against the bill, the business community is against the bill and, overwhelmingly, the people of South Carolina are against the bill," state Sen. Marlon Kimpson (D) said. "Who do we represent?"
Republicans countered that it is legal in South Carolina to carry a long gun openly in public and few state residents choose to do so.
"I don't think open carry with a pistol will be an issue, either," state Sen. Tom Corbin (R) said.
South Carolina is currently one of only five states without some form of open carry law, along with California, Florida, Illinois, and New York.
Gov. Henry McMaster (R) has pledged to sign any bill the legislature passes that protects Second Amendment rights.
State Sen. Shane Martin (R) led the unsuccessful effort to amend the bill to let all legal gun owners carry firearms openly, no permit required.
"I want everyone to be able to exercise his or her constitutional rights, but I don't want our government to have to tell us how to do that," Martin said.
After his amendment failed, Martin told the State he was "disappointed" but added that he has "no regrets" over the way things turned out.
"I won't give up advocating for it. I was so close," he said. "The Senate's not ready for it yet."
Senate Majority Leader Shane Massey (R), one of the Republicans who voted to reject the constitutional carry amendment, said having background check and training requirements is important for safety and in line with how the Supreme Court has interpreted the Second Amendment.
"It's important to be able to demonstrate at least a minimal proficiency in handling weapons," he said.
Army veteran vows to take open carry fight to the Supreme Court
The U.S. Army veteran challenging Hawaii's restrictive open-carry laws has vowed to take his case to the Supreme Court after losing in the Ninth Circuit this week, the Washington Free Beacon reported.
Alan Beck, the lawyer representing native Hawaiian plaintiff George Young, told the outlet, "We're planning on filing for a writ of certiorari. We're not letting this lie."
Beck's statement came in response to a ruling passed down on Wednesday by the full 11-judge panel of the Ninth Circuit, in which the court rejected his challenge, choosing to uphold a Hawaii law that effectively terminates his right to bear arms outside the home.
According to the Firearms Policy Coalition, the law Young is challenging "requires that residents seeking a license to openly carry a firearm demonstrate good moral character, that he or she will be 'engaged in the protection of life and property,' and 'the urgency or the need' to carry a firearm."
The gun-rights group noted that "in practice, virtually nobody ever demonstrates a strong enough urgency or need to be issued a license, so the licensing requirement operates as a prohibition."
Young was twice denied an open-carry license by the state over his failure to demonstrate a sufficient "urgency" or "need." In response, he decided to challenge the law in the court system, arguing that the state's restrictions are unconstitutional since his desire to bear arms for self-defense is all that is needed under the Second Amendment.
After first being ruled against by a district court, Young received a favorable ruling from a three-judge panel of the Ninth Circuit. However, the appeals court decided to rehear the case en banc, or in front of its entire bench.
In that case, the court's majority disagreed, writing in the ruling: "There is no right to carry arms openly in public; nor is any such right within the scope of the Second Amendment."
In coming to the decision, the court cited an alleged "longstanding" tradition in English and American law allowing government to prohibit "certain weapons from entering ... public spaces as means of providing 'domestic Tranquility' and forestalling 'domestic Violence."
Beck told the Free Beacon that while the ruling is certainly a disappointment, there is a silver lining. Since the Ninth Circuit had elsewhere ruled against protections for concealed carry, it had become the first court to effectively ban carrying firearms outside the home, a position he indicated would likely demand review.
"The Ninth Circuit just became the first court of appeals to expressly state that the Second Amendment right does not apply to armed self-defense outside the home," he said. "Therefore, it is expressly split with the Seventh Circuit, the D.C. Court of Appeals. That opens up the possibility of Supreme Court review."
South Carolina advances 'open carry with training' bill
"Open carry" legislation is progressing in South Carolina after the state House approved a bill to let concealed weapons permit-holders carry handguns openly in public.
The bill passed 82-33, mostly along party lines, with the Republican majority carrying it through, the Post and Courier reported. It would implement "open carry with training," a compromise between gun control supporters and staunch believers in the Second Amendment right to bear arms.
The bill's sponsor, state Rep. Bobby Cox (R), said 45 states have some form of open carry law and his bill "will bring us in line with the rest of the country."
"We have to do better, and we are doing better," Cox said. "This is sending a message that these legislators and myself stand with the citizens of South Carolina to protect our constitutional freedoms."
Democrats warned that open carry policies could have an adverse affect on black South Carolinians, who might be profiled by police for openly wielding firearms.
"This does not support or help people who look like me," state Rep. Jermaine Johnson (D) said, noting that he is a 6-foot-7-inch, 285-pound black man. "If I end up in somebody's body bag or someone's morgue, I want you to think about the way you voted today."
House Minority Leader Todd Rutherford (D) offered an amendment to prohibit the police from detaining someone just because they are openly carrying a gun, but the House voted down that amendment.
State law enforcement officials are opposed to the bill, believing police lives may be put in danger if anyone can openly carry a handgun.
The bill now heads to the state Senate, where historically gun rights bills have faced opposition. However, Republicans expanded their Senate majority in the 2020 election and the newly elected lawmakers are excited to fulfill their campaign promises by advancing gun rights.
"I think there's a renewed energy within the caucus to do something about it, and certainly some of us who flipped seats in no small part based on issues like this are going to be pretty vocal about it," freshman state Sen. Josh Kimbrell (R) told the Post and Courier.
Senate Majority Leader Shane Massey (R) said he supports the bill but would not say if the Senate would consider it before the end of the current legislative session.
A spokesman for South Carolina Gov. Henry McMaster (R) said the governor would sign the bill if it passes through the legislature.
Atlanta Mayor Bottoms: Open Carry Partly to Blame for Rise in City Shootings -- 'We Don't Have Probable Cause to Stop Them'
Friday on "MSNBC Live," Atlanta Mayor Keisha Lance Bottoms (D) weighed in on the recent surge in shootings in her city.![]()
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