Albuquerque DA Refusing to Enforce Governor's Suspension of 2nd Amendment Rights: 'Clearly Unconstitutional'

https://www.westernjournal.com...ly-unconstitutional/

Bernalillo County District Attorney Sam Bregman said Saturday that he, as with Albuquerque Mayor Tim Keller and Police Chief Harold Medina, would not enforce the order, according to the Associated Press.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional,” he said.

“This office will continue to focus on criminals of any age that use guns in the commission of a crime,” he continued.

More at link

I actually knew someone who had a little land in NM, with the idea of retiring there. I have no idea if the plan came to fruition. Even at the time I was wondering why one would move there? I think their main reasoning was it was cheap.

I’d like to know how many concealed carry types were involved in any gun crimes?? The same goes for open carry, law abiding citizens.

An doing this nonsense, with no change in crime, leads? The real answer is to sweep up the criminals.

quote:

Originally posted by wcb6092:
Albuquerque DA Refusing to Enforce Governor's Suspension of 2nd Amendment Rights: 'Clearly Unconstitutional'

https://www.westernjournal.com...ly-unconstitutional/

Bernalillo County District Attorney Sam Bregman said Saturday that he, as with Albuquerque Mayor Tim Keller and Police Chief Harold Medina, would not enforce the order, according to the Associated Press.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional,” he said.

“This office will continue to focus on criminals of any age that use guns in the commission of a crime,” he continued.

More at link

This illustrates that politicians and tyrants have no power but what law enforcement and the military give them.

quote:

Originally posted by darthfuster:

quote:

Originally posted by wcb6092:
Albuquerque DA Refusing to Enforce Governor's Suspension of 2nd Amendment Rights: 'Clearly Unconstitutional'

https://www.westernjournal.com...ly-unconstitutional/

Bernalillo County District Attorney Sam Bregman said Saturday that he, as with Albuquerque Mayor Tim Keller and Police Chief Harold Medina, would not enforce the order, according to the Associated Press.

“As an officer of the court, I cannot and will not enforce something that is clearly unconstitutional,” he said.

“This office will continue to focus on criminals of any age that use guns in the commission of a crime,” he continued.

More at link

This illustrates that politicians and tyrants have no power but what law enforcement and the military give them.

And this is why it is important that District Attorneys and Sheriffs are elected officials and are accountable to citizens at the local level. I am really glad we don't have a national police or national prosecutors.

Interesting to see, in the last two month, two very Blue states have had dramatic events occur where the citizenry are questioning the current status quo. Hawaii, long a bastion of Leftism, saw a historical town wiped-out due to a wildfire, the resulting in an anemic local response and half-hearted federal response has left many of the locals a sense betrayal and anger. New Mexico always the outlier in the politics of the American SW, the governor takes a dramatic and unprecedented approach to fighting crime by 'suspending' the rights of its citizens.

Not sure these are watershed moments but, what we are seeing is liberals, progressives, Leftists, whatever we want to call them, start to question those they've elected into power and possibly their own positions.

quote:

Originally posted by wcb6092:
I am really glad we don't have a national police or national prosecutors.

We don't?

quote:

Originally posted by sourdough44:
I actually knew someone who had a little land in NM, with the idea of retiring there. I have no idea if the plan came to fruition. Even at the time I was wondering why one would move there? I think their main reasoning was it was cheap.

I lived there for ten years from the mid 80's. We even owned acreage on the east side of the mountains bordering federally protected forest where we were going to build our dream home. At the time, I thought it highly likely I would retire there.

NM has a great climate and lots of fantastic outdoors activities. Endless scenery, and very interesting Indian pueblos.

But the drug gang problem was accelerating even then. There were 2 drug gangs competing. Drugs coming in from Juarez and in from LA who transported it through ABQ to the rest of the country. Drive by shootings became an initiation requirement. The gangs were recruiting in the middle schools. Blond haired white kids like mine ended up in private schools or moving away if the parents were able.

It really is a shame it has gone so much further down hill. It is not the place it was 25+ years ago.

The Bernalillo Sheriff will make a statement today on why he will not enforce the carrying of firearms ban.

I imagine it's because the governor signed a bill that if you sue the police you can also sue the individual officers.

I think the Sheriff is looking out for his officers.
.......................


The New Mexico Tort Claims Act
Under New Mexico state law, liability against government entities is governed by the New Mexico Tort Claims Act (“NMTCA”). 4 It generally “recognizes the inherently unfair and inequitable results which occur in the strict application of the doctrine of sovereign immunity.” 5 Curiously, however, it operates by broadly granting immunity to state actors and then carving out exceptions to that general rule. 6 Only the exception described below provides any potential relief for constitutional violations.

The Law Enforcement Officer Exception
One significant exception to the broad grant of immunity provided by the NMTCA is the Law Enforcement Officer exception. 7 It broadly waives immunity for “personal injury, bodily injury, wrongful death or property damage resulting from assault, battery, false imprisonment, false arrest, malicious prosecution, abuse of process, libel, slander, defamation of character, violation of property rights . . . failure to comply with duties established pursuant to statute or law or any other deprivation of any rights, privileges or immunities secured by the constitution and laws of the United States or New Mexico when caused by law enforcement officers while acting within the scope of their duties.” 8

In other words, the NMTCA generally permits liability against law enforcement officers under traditional theories of tort liability and creates a private cause of action where the law enforcement officer violates either the United States Constitution or the New Mexico Constitution.


https://ij.org/report/50-shade...%20are%20indemnified.

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quote:

Originally posted by Greymann:
The Bernalillo Sheriff will make a statement today on why he will not enforce the carrying of firearms ban.

I imagine it's because the governor signed a bill that if you sue the police you can also sue the individual officers.

If only the governor could be sued as an individual.....

Sheriff John Allen speaks.
https://www.koat.com/article/b...alth-order/45082887#

A video at link





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quote:

Originally posted by radioman:

quote:

Originally posted by Greymann:
The Bernalillo Sheriff will make a statement today on why he will not enforce the carrying of firearms ban.

I imagine it's because the governor signed a bill that if you sue the police you can also sue the individual officers.

If only the governor could be sued as an individual.....

Out of her own mouth, this governor says conceal and open carry laws are state laws that she has jurisdiction over. Very well. I'd make the case that she is a law enforcement entity, and therefore should be able to be individually sued.

I don’t recall reading it anywhere, but was the shooter of the 11 year old boy a concealed carry or open carry citizen?

Or just a road raging dirt bag?

Sheriff John Allen speaks TRUTH!!! Proud of him for saying what EVERY law-abiding citizen in this country is thinking!!

quote:

Originally posted by Balzé Halzé:
Out of her own mouth, this governor says conceal and open carry laws are state laws that she has jurisdiction over. Very well. I'd make the case that she is a law enforcement entity, and therefore should be able to be individually sued.

Proof that this is a test of the ability to use state laws to curtail any carry of weapons. Interesting enough would be this getting to SCOTUS and knocked down, would it then usurp states ability to restrict any carry of defensive weapons, open or concealed... The upside could be delicious for carry laws.

Also the reason why people in her party are panicking and demanding it be reversed that they fear federal courts will rule state laws restricting any carry are illegal under the constitution....

Link Liberals turn on NM Governor

quote:

Originally posted by Greymann:
The Bernalillo Sheriff will make a statement today on why he will not enforce the carrying of firearms ban.

I imagine it's because the governor signed a bill that if you sue the police you can also sue the individual officers.

I think the Sheriff is looking out for his officers.

Because it is not constitutional and not a valid order.

(The tort claims act speaks specifically about personal injury, bodily injury, wrongful death or property damage. Taking away someone's gun does not fit the definition of the claims covered.)

quote:

Originally posted by jhe888:


(The tort claims act speaks specifically about personal injury, bodily injury, wrongful death or property damage. Taking away someone's gun does not fit the definition of the claims covered.)

Oh I don't know. I could certainly forsee a case to be made for any of those as a result of a person's right to defend him or herself being denied.

@WCB, in the DA's case, its also about being an "officer of the court", and wanting to keep his law license.

quote:

Originally posted by Balzé Halzé:

quote:

Originally posted by jhe888:


(The tort claims act speaks specifically about personal injury, bodily injury, wrongful death or property damage. Taking away someone's gun does not fit the definition of the claims covered.)

Oh I don't know. I could certainly forsee a case to be made for any of those as a result of a person's right to defend him or herself being denied.

Yes, but that would be a different claim, and probably not one covered by the tort claims act. Sovereign immunity is an ancient doctrine (probably going on 1000 years) and waivers of sovereign immunity will be pretty strictly read. The law would not look through or past those intermediate steps. Bodily injury means that the cop directly causes the injury, not that some conduct by a cop leads to another person causing the injury. You may wish the law were otherwise, and you may think it should be otherwise, but that is not what that means. (One reason is to cut off long, convoluted chains of events.)

Your theory would also run afoul several rules and doctrines that limit liability for remote and indirect injuries.

quote:

Originally posted by Aglifter:
@WCB, in the DA's case, its also about being an "officer of the court", and wanting to keep his law license.

No. If it is about anything other than an unconstitutional order, it is about what the voters will think it is the right choice.

His law license is not at all likely to be iomplicated by the DA's choice.

quote:

Originally posted by Balzé Halzé:

quote:

Originally posted by jhe888:


(The tort claims act speaks specifically about personal injury, bodily injury, wrongful death or property damage. Taking away someone's gun does not fit the definition of the claims covered.)

Oh I don't know. I could certainly forsee a case to be made for any of those as a result of a person's right to defend him or herself being denied.

Perhaps if you were a licensed concealed carry individual, and during this 30 day period were accosted/robbed/mugged/beaten/property stolen you could have a case back against the NM Government for enacting this period and as such you were unable to carry and thus protect yourself/property...