The drama continues with the New Mexico gun ban. Governor Michelle Lujan Grisham’s order is so wildly out of line with the current law that her Attorney General is refusing to defend it in court. If that sounds like a pretty serious rebuke, that’s because it is. 

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For those of you who may not be familiar with the structures of government, the Attorney General is the top law enforcement official of a state. Their office is staffed with attorneys, investigators, and support staff. Those attorneys handle all of the state-level legal needs, ranging from employment disputes with state workers to prosecuting major crimes. General Torrez’s decision not to defend these lawsuits is a major problem for the Governor. She now finds herself without a state-funded lawyer.

Attorney General Raúl Torrez, a Democrat who had previously worked in the Obama administration, sent a letter to the Governor on Tuesday, September 12th. In that letter, he said that his office would not defend the order against pending lawsuits. His letter says, in part “I do not believe it [the order] passes constitutional muster.”

General Torrez goes on to state that the order is in “violation of core constitutional principles” and that it has a “flawed legal foundation.” He also states that “the data do not support the conclusion that gun violence in our community is attributable to otherwise law-abiding citizens exercising their constitutional right to carry firearms for protection outside the home.” And while he calls for legislation on guns in other parts of the letter, it is heartening to hear this type of critique coming from someone who would not otherwise be characterized as a gun rights activist.

As of my last count, there are currently five separate court challenges to the order. There is even a class action suit alleging federal civil rights violations. There is a hearing scheduled in New Mexico on September 13th at 1:00 PM for all cases seeking Temporary Restraining Orders.  We will continue to monitor this story and will keep you posted.

Full text of the letter, via Firearms Policy Coalition.