Earlier when discussing Governor Grisham’s unconstitutional order prohibiting the bearing of arms in two New Mexico cities, we made the following prediction:
We will note that [a lawsuit seeking an injunction] is not the only way to challenge the order. We wouldn’t be surprised if someone simply violates the order, openly carrying a gun when, but for this order, the act would be legal. That is a common approach, historically, to challenging unconstitutional conduct by the government. … Thus, the person could argue, after being charged, that the order is unconstitutional and, therefore, a nullity.
We discussed how this was done to challenge an anti-flag burning statute, and the downsides and pitfalls of that approach. We will add that there is one upside to it that we didn’t mention at the time: It forces the judge to directly confront the question of whether this person should go to prison for what they did, which makes the judge less likely to allow the law to be enforced. Mind you judges will send people to prison on every day that ends in a Y, but they will still be confronted with the question, ‘will I make this otherwise law-abiding person a criminal?’
In any case, via Ford Fischer, our prediction seems to have come true. Mr. Fischer's bio reads as follows:
Primary source documentarian. Work in Oscar, Emmy & Golden Globe winning films. Editor-in-chief @n2sreports.
He also reports that he was on the scene in Albuquerque today (meaning Sunday), one of the cities where the order applies, as Second Amendment supporters held a rally. And notably, you can see some apparent guns in the crowd, thus openly defying the order. ‘Police did not intervene or enforce the order,’ Fischer notes. We don’t have much experience with the man or know his politics, but he seems to be playing this pretty straight:
VIDEO THREAD: Gun owners - many visibly armed - rallied in old Town Albuquerque today to openly defy the New Mexico Governor's Executive Order banning the open and concealed carry of firearms there as a one-month "emergency."
— Ford Fischer (@FordFischer) September 10, 2023
Police did not intervene or enforce the order. pic.twitter.com/BAk0kDZC9A
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2) One speaker at the armed rally in Albuquerque defying the gun carrying ban told the crowd that they need to go out and do this every day, or else it wouldn't have an impact.
— Ford Fischer (@FordFischer) September 10, 2023
While the police didn't enforce the order, it includes a $5000 fine for violators. pic.twitter.com/dNiEYdWRtt
3) One apparent anti-gun protester was yelled at, but then invited by the speaker to say his piece on the stage.
— Ford Fischer (@FordFischer) September 10, 2023
The crowd yelled at him for wearing a mask and applauded him when he took it off.
He expressed concern about gun violence in schools, which the speaker and crowd… pic.twitter.com/r8ENh8IKAC
Here is the full @N2Sreports video of today's armed rally in Albuquerque, where gun owners defied the governor's executive order banning open and concealed carry.
— Ford Fischer (@FordFischer) September 10, 2023
Filmed by Daniel Montaño for News2Share.
All footage available to license.https://t.co/5qgSvDTpnM
For your convenience, here is the full YouTube video.
We thought one of the more interesting parts is when they brought an anti-gun protester on the stage and engaged with him. We doubt they changed his mind, but it’s a nice sense of openness they brought.
Why should they? They're simply exercising a Constitutional right that the governor has no right to deny by edict
— Physics Geek (@physicsgeek) September 11, 2023
Not a single casualty.
— JWF (@JammieWF) September 11, 2023
Go figure.
It’s extra weird, because we were told that guns can kill all by themselves. But people were more likely to get a paper cut from the signs than be shot.
But we also saw some cray-cray:
This reinforces my thought that I’m not so sure the police will be on the right side of things if it gets ugly. I see them riding for Trump and the militias before I see them standing up to those people. Look at all the police involved in J6.
— 12thMan.HawksFan (@12manhawksfan) September 10, 2023
The police are not supposed to enforce unconstitutional laws.
I have zero obligation to enforce a blatantly unconstitutional order.
— Jon Gault (@swatter911) September 10, 2023
We guess he is an ex-cop? Of course, that is unconfirmed.
Apparently, they are NOT afraid of a) tyrannical Gov. Hyphen-Hyphen Grisham, b) the sheriff, the DA or the police chief (who all said they're not enforcing her unconstitutional nonsense), or c) the authoritarian Left (that would be your friends), who didn't show up today.
— Backwoods Engineer - No MORE V*TING (@BackwoodsEnginr) September 11, 2023
Outstanding. Out freaking standing.
— Oilfield Rando (@Oilfield_Rando) September 11, 2023
It’s obvious a lot of people learned from the covid restrictions that the measures must be ACTIVELY resisted. https://t.co/eu3tkQT4iP
And no one was shot. Weird. https://t.co/ltAmsqPhQG
— Stephen L. Miller (@redsteeze) September 10, 2023
The sheer triggering in the responses to this is amazing. They really think the cops are bound to enforce unconstitutional orders. https://t.co/8QBau2sfpl
— Bonchie (@bonchieredstate) September 10, 2023
This is how it’s done. Direct and blatant defiance of unconstitutional edicts is our duty as Americans. https://t.co/fqXDGli0s6
— The Dank Knight 🦇 (@capeandcowell) September 10, 2023
Peaceful non compliance https://t.co/zc6Zti2Enx
— 𝕂𝕣𝕚𝕤𝕥𝕚𝕟𝕊𝕡𝕖𝕔𝕚𝕒𝕝𝕂 (@CallMeK1123) September 11, 2023
One might even call it civil disobedience.
Peaceful noncompliance works.
— Jeff Charles, An Awful Pundit🏴 (@jeffcharlesjr) September 11, 2023
Stop complying.#ChasingLiberty https://t.co/65c1tmtimS
Ordinarily not thrilled with protesters carrying, open or not. But the Gov forced this issue. What a colossal and dangerous miscalculation on her part. https://t.co/WloGihHCVn
— DanRiehl (@DanRiehl) September 11, 2023
We like Mr. Reihl, but these days if you are conservative and you go to a protest, AntiFA might show up and start attacking people. We would never go to a protest unarmed, though maybe not openly armed. This is why we say ‘the Second Amendment protects the First.’
I don't know what the hell she expected. https://t.co/ooYwXUfwhH
— Phineas Fahrquar (@irishspy) September 10, 2023
We even heard an interesting perspective from one of her supporters:
I don't disapprove of the New Mexico governor's order in principle, but she seems to have broken one of the most important rules of leadership: Never give an order you are unable or unwilling to enforce. Unless all these people are arrested, she'll look powerless and weak. https://t.co/kQRCy1kLPp
— Brandon Friedman (@BFriedmanDC) September 10, 2023
But, of course, if she does have them arrested, then that helps a legal challenge along. And we really don’t see how she comes out of this with a win. In any case, today she looks toothless. We hope they continue to make her look toothless.
After the Jan 6th business, this takes guts.
— Sparticus Dermody (@TypoDynamofo) September 11, 2023
God bless ‘em. https://t.co/rrf7f6OvZe
That is also true.
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