Gov. Michelle Lujan Grisham’s controversial public safety executive order expired Saturday and will not be renewed, as parts of it remain active through memorandums of understanding.
The executive order imposed firearm restrictions including temporary bans on firearms in public parks and playgrounds in Bernalillo County, expanded firearm sales oversights and added public school wastewater testing for fentanyl.
“The public health order, though temporary, allowed us to implement urgent and necessary measures that have had a measurable, positive effect on public safety in our state,” Lujan Grisham said in a press release. “I have decided to allow the public health order to expire, but our fight to protect New Mexico communities from the dangers posed by guns and illegal drugs will continue.”
The public health order led to memorandums of understanding between the State of New Mexico and the Bernalillo County Sheriff’s Office, the Albuquerque Police Department and the Second Judicial District to share public safety data and to ensure transparency and accountability, the press release stated.
MOUs occur between two parties establishing goals and expectations of an agreement.
“Our work is not done,” Lujan Grisham said in the press release. “We need the legislature to pass stronger public safety laws, increase penalties for violent offenders, and ensure that those suffering from substance misuse have access to treatment. This is no time to slow down—we must accelerate our efforts to protect our families. The legislature must also prioritize budget requests from our law enforcement agencies, who need more resources to continue their fight against crime.”
Related: Legislators pass disaster assistance funding, end special session quickly
Lujan Grisham called a special session in July that was intended to discuss and pass items on her public safety agenda that, instead, passed one bill that included funding for the session itself, fire and flood assistance and court-based behavioral health programs.
Lujan Grisham was disappointed that the legislature only passed the one bill after Democratic legislators found the items on the governor’s agenda were not ready for legislative discussion.
“The legislature as a body walked away from their most important responsibility: keeping New Mexicans safe. But it is noteworthy that a majority of Republicans would have passed many or all of these bills — they were blocked,” Lujan Grisham said after the special session closed on July 18.
Controversy and court
The original public health executive order was issued after an 11-year-old was fatally shot in Albuquerque.
The original public health order was issued on Sept. 7, 2023, and was almost immediately followed by legal challenges and law enforcement agencies announcing they were not going to enforce the part of the order that prohibits firearms in Bernalillo County.
That part of the order was removed a week later following multiple legal challenges and a temporary restraining order issued by the U.S. District Court in Albuquerque.
Story continues below.
The executive order was challenged by the Republican Party of New Mexico, the National Rifle Association and others and was taken to the New Mexico Supreme Court where the question of the limits of gubernatorial executive powers was raised.
Related: ‘Where is the line?’: State Supreme Court examines emergency powers after gun order
One of the facets of the case against Lujan Grisham was how far the governor’s executive powers extend.
Authority to curb executive powers came up in recent regular legislative sessions and lately have received little traction.
The state Supreme Court heard the case in January and has not released a decision as of Oct. 16.
Stats
In the year since the governor’s public health order went into effect the following have occurred, according to the Governor’s Office:
- More than 1,700 firearms collected through gun buy-back events.
- A doubling of arrests in Albuquerque including 36 percent related to violent and/or gun-related crimes.
- Increased public awareness about juvenile detention for gun possession.
- In the last year, 52,743 free gun locks have been distributed by the New Mexico Department of Health.
- The New Mexico Department of Health has distributed 31,806 doses of naloxone to reverse opioid overdoses, with 3,653 overdose reversals reported in the last year.
- An interactive dashboard was developed by the New Mexico Environment Department that shows wastewater drug testing from public schools across the state.
- Coordinations between state and local law enforcement agencies, including New Mexico State Police, Albuquerque Police, Bernalillo County Sheriff and others to develop a coordinated response to tackle gun violence.