New Mexico Sheriff Stands By Refusal to Enforce Governor’s Ban on Weapons Carry

Bernalillo County Sheriff John Allen said he will uphold his decision not to enforce a public health order by New Mexico’s governor banning open carry firearms.

The Bernalillo County Sheriff's Office in Albuquerque, N.M., on Sept. 12, 2023. Allan Stein/The Epoch Times

ALBUQUERQUE, N.M.—Bernalillo County Sheriff John Allen says he has made it clear to New Mexico Governor Michelle Lujan Grisham that his his department will not uphold what he considers an unconstitutional public health emergency, which placed a 30-day ban on open and concealed firearms in crime-ridden Albuquerque, New Mexico, and surrounding Bernalillo County.

“Now that we have made it clear we are not enforcing the unconstitutional order, we are going to stay focused on our mission to keep our community safe,” Sheriff Allen’s office told The Epoch Times.

“Sheriff Allen has dedicated countless hours [to] addressing the concerns and inquiries related to the order. As of now, we have made our stance clear regarding its enforcement. We firmly believe it is now crucial to shift our attention and resources toward our primary mission: ensuring the safety and security of our community.”

The Sheriff said he remains “focused and committed” to finding meaningful solutions to gun violence and that Ms. Grisham’s executive order has “only distracted everyone from that process.”

“Our objective is to focus on the pressing challenges of violent crime and gun violence in our community without distractions.”

The sheriff’s Transparency and Public Information Officer Jayme Fuller told The Epoch Times that the sheriff has been in contact with the governor’s office since the public health order went into effect on Sept. 8.

The ban impacts only legally licensed firearms holders in Albuquerque and Bernalillo County.

Ms. Grisham linked her controversial decision to recent shooting deaths of children in these locations, including the deaths of a 13-year-old girl on Aug. 14, and an 11-year-old boy on Sept. 6, as well as two mass shootings this year.

“The time for standard measures has passed,” the governor said in a statement.

“And when New Mexicans are afraid to be in crowds, to take their kids to school, and to leave a baseball game—when their very right to exist is threatened by the prospect of violence at every turn—something is very wrong.”

‘No Effect’ on Gun Sales

Two Albuquerque gun shop owners said the public health order doesn’t affect their ability to sell and purchase firearms.

However, they consider the executive order both unconstitutional and unenforceable.

ABQ Guns owner Arthur Gallegos said he believes the governor’s unilateral action won’t stand in the long run and that it has damaged her politically.

Ms. Fuller said the sheriff has yet to receive communication from the governor instructing him to comply with the executive order.

On Sept. 10, hundreds of pro-Second Amendment protesters—many openly carrying handguns in defiance of the governor’s ban—gathered in Old Town Albuquerque.

There appeared to be no local law enforcement present during the rally.

The Albuquerque Police Department didn’t return an email from The Epoch Times asking for comment on the rally.