The New Mexico Senate’s Republican leader is set to file a lawsuit against Democratic Gov. Michelle Lujan Grisham in an effort to stop her gun carry ban.
New Mexico state Sen. Gregory Baca told Fox News Digital his lawsuit, filed in conjunction with New Mexico House Minority Leader Rep. Ryan Lane, is his response to the governor’s order, cast as a public health measure, barring the concealed and open carriage of firearms in Albuquerque for at least 30 days.
NEW MEXICO SHERIFF SAYS HE WON’T ENFORCE ‘UNCONSTITUTIONAL’ GUN BAN: ‘PROTECTING THE SECOND AMENDMENT’
New Mexico state Sen. Gregory Baca, the Republican leader of the Land of Enchantment’s upper chamber, hopped on the phone with Fox News Digital to talk about his lawsuit against Gov. Michelle Lujan Grisham. (Fox News Digital)
“We are going to file suit against her this week, most likely today or tomorrow, because of its blatant unconstitutionality,” Baca told Fox News Digital, referring to the Second Amendment right to bear arms.
Baca, a lawyer, said he didn’t know if the lawsuit would go to the Supreme Court but said he thinks “that it actually doesn’t need to go there, because it is so clear that it violates our Constitution… both nationally and at the state level.”
The New Mexico Senate GOP leader said there are six lawsuits already filed against Grisham and that he and his colleagues “will be filing at the state court level with the Supreme Court of New Mexico.”
When asked if he believes the public health order will be stopped, Baca said, “I do. I think it certainly will be.”
“There will be injunctive relief granted on probably all of these lawsuits forcing that health order to be rescinded at that time,” he continued. “If that is not the case, she may rescind it on her own just due to pressure from her own party and her own people.”
“We have a number of high-ranking Democrats now in this state that are in opposition to it because it’s, as I said, it’s unconstitutional on its face, including, from what I understand, six Democratic lawmakers from the House,” Baca said.
Baca said there are six lawsuits already filed against Grisham and that he and his colleagues “will be filing at the state court level with the Supreme Court of New Mexico.” (Steven St John/Bloomberg via Getty Images)
Baca said that, while an impeachment inquiry would have to originate in the state House, should one reach the Senate, the chamber GOP “will give it our full attention.”
The Senate Republican leader called out Grisham’s statements claiming that her oath to uphold the Constitution is not “absolute.”
“I believe that because of some of the words that she stated in her press statement, essentially, she said that herself,” Baca said. “She said that she did violate her oath, in which case, I think that, you know, that is just a huge revelation to people.”
“I’ve always understood that the oath I’ve taken both for the United States military, this office, for the New Mexico State bar, those I take seriously,” he continued. “And I have felt that those should not ever be violated.”
Baca said that he thinks Grisham’s statements claiming there are limits to her oath to uphold the Constitution actually violate said oath. (Steven St John/Bloomberg via Getty Images)
Baca’s lawsuit comes as Grisham faces heavy pushback for her ban on concealed and open carry in Albuquerque.
Grisham is facing widespread outcry from state law enforcement officials following her attempt to ban concealed and open carry permits.
Bernalillo County Sheriff John Allen described Grisham’s 30-day “public health order” as “unconstitutional” during a press conference this week despite standing beside the governor during her rollout of the policy.
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“It’s unconstitutional, so there’s no way we can enforce that order,” the sheriff said Monday in a news conference. “This ban does nothing to curb gun violence.”
“We must always remember not only are we protecting the Second Amendment, but at the same time, we have a lot of violence within our community. Let me be clear, I hold my standards high, and I do not or never will hedge on what is right,” he said.
Grisham’s office did not respond to a request for comment.
Fox News Digital’s Timothy H.J. Nerozzi contributed to this report.