GRANTS, NM – On September 20, the Cibola County Commission held a special meeting which included one discussion action item, “Consideration of Resolution 202346 Opposing the New Mexico Governors Unilateral Suspension of the Statutory & Constitutional Civil Rights of New Mexicans.” This resolution follows the announcement from Governor Michelle Lujan Grisham of a Public Health Emergency Order Imposing temporary firearm restrictions, drug monitoring and other public safety measures.
On September 8, Governor Grisham announced an executive order declaring State of Public Health Emergency Due to Gun Violence. In her executive order it lists many different reasonings behind this health emergency which includes an increase in mass shootings, overburdened healthcare systems, physical and emotional consequences of gun violence and guns being the leading cause of death among children and teens in New Mexico.
The Secretary of the New Mexico Department of Health, Patrick Allen released a public health order titled, “Public Health Emergency Order Imposing Temporary Firearm Restrictions, Drug Monitoring and Other Public Safety Measures.” In the order it states that “No person, other than a law enforcement officer or licensed security officer, shall possess a firearm… either openly or concealed.” It also includes exceptions which includes on private property, while on the premises of a licensed firearms dealer or gunsmith, while engaged in the legal use of a firearm at a properly licensed firing range or sport shooting competition venue, and while traveling to or from a location provided that the firearm is in a locked container or locked with a firearm safety device. The order also includes that no person other than a law enforcement officer or licensed security officer, shall possess a firearm on state property, public schools, and public parks.
This executive order received an immense amount of backlash from citizens and government officials in the state of New Mexico as well as across the county. There were calls to impeach Governor Lujan Grisham and there were many lawsuits filed against the order. Many government officials in the state have also said that they refuse to comply with the order since it violates the Constitution. Due to this, an amended order was released on September 15 from the NMDOH Secretary Allen. In the amended order it now states, no person other than a law enforcement officer or licensed security officer, or active-duty military personnel shall possess a firearm… either openly or concealed in public parks or playgrounds, or other public area provided for children to play in.”
Despite the amendment to the order many individuals are still outraged over the order and Cibola County is not an exception. On September 20 the Cibola County Board of Commissioners held a Special Commission Meeting which included one new business item. The new item was “Consideration of Resolution 2023-46 Opposing the New Mexico Governors Unilateral Suspension of the Statutory & Constitutional Civil Rights of New Mexicans.” Cibola County Attorney Dave Pato began the meeting by explaining the events that lead up to the decision to include the resolution on the agenda. Pato said, “[The Federal District Court of the District of New Mexico] found a likelihood of success on the merits of the action against the governor given that the United States Supreme Court’s recent recognition that the 2nd and 14th amendments protected an individual’s right for self defense outside the home in New York State Rifle & Pistol Association, Inc. v. Bruen.” Pato went further on to say that there is no exception to the constitutional rights recognized by the Supreme Court for the residents of Bernalillo County and the executive order violated the constitutional rights of New Mexicans.
Commissioner Robert Windhorst was the only commissioner that had comments regarding the resolution and the executive order. He said the United States of America has not always been perfect but because we have the Constitution there has been a change that has given everyone the freedoms and rights that they have today. He went further on to say that he didn’t agree with what the governor has done and what she did was illegal, and he will not stand for it. Windhorst said that everyone knows how important rights are and that they should send a message.”
Following the comment from Windhorst, Commissioner Ralph Lucero made a motion to approve the resolution opposing the executive order with Windhorst seconding the motion and the resolution was approved unanimously by the board. This approval makes Cibola County the first in the State of New Mexico to become a 2nd amendment sanctuary.