September 11, 2023
NSSF Warns New Mexico Governor Against Enforcing Unlawful Public Health Order
WASHINGTON, D.C. — NSSF®, The Firearm Industry Trade Association, is warning New Mexico Gov. Michelle Lujan Grisham to not attempt to enforce her Public Health Order requiring the state’s Regulation and Licensing Division to conduct monthly inspections of licensed firearm retailers to ensure compliance with all sales and storage laws, in addition to unconstitutionally banning the Second Amendment right to bear arms in public spaces.
“There is no other way to say it other than the entire order is blatantly unlawful,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “New Mexico’s governor does not have the authority to suspend rights protected by the Constitution for a falsely-labeled public health crisis. No where in New Mexico statute, or in regulations, does the authority exist for state officials to inspect firearm retailers. This order is devoid of any legal basis and the government of New Mexico should reconsider taking action on this unlawful order.”
There is no New Mexico statute, nor any New Mexico regulations, on compliance or storage requirements. Firearm retailers in New Mexico are heavily regulated by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and are subject to federal laws and regulations governing the lawful and constitutionally-protected commerce in arms. New Mexico’s governor and the state Regulation and Licensing Division have no authority over the federal agency’s regulations.
Therefore, any such state “inspection” would be standardless and disrupt and harm the business operations of licensed dealers who are regulated and inspected by ATF. Should the state attempt to inspect any federal firearms licensee in the state pursuant to this unlawful order, NSSF will immediately file a legal challenge to enjoin this unlawful conduct.
NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and the shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations and publishers nationwide. For more information, visit nssf.org.
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