Albuquerque’s Mayor Bans Guns In Parks With An End Run Around State Constitution

According to Firearm Chronicles 

Albuquerque Mayor Tim Keller issued a new administrative order on Monday barring the possession of firearms from all city-owned parks and recreation facilities, though the order would appear to directly conflict with language in the New Mexico state constitution.

The new order comes days after a shooting at an Albuquerque protest in the city’s Old Town, where a man shot a protester who was attacking him. 31-year old Steven Ray Baca is facing charges of carrying a firearm without a license, but for now anyway he’s not facing any charges over the shooting itself. While that investigation continues, Mayor Keller is citing the incident as reason to issue the ban, though his take on the legality of the new order leaves a lot to be desired.

The order references the shooting near Tiguex Park. “With the Albuquerque Police Department recovering a large number of firearms and ammunition, that incident had the potential to be much more violent than it was,” it reads. “The City of Albuquerque has the police power to protect its inhabitants and preserve peace and order under NMSA 1978, 3-18-1, and desires to exercise this authority to prevent future incidents like the shooting on June 15, 2020.” “In declaring the Second Amendment’s individual right to bear arms in District of Columbia v. Heller,” the order goes on, “the United States Supreme Court recognized the legitimacy of prohibitions on carrying firearms in ‘sensitive places.’” It says the high court in that case specifically noted schools and government buildings as sensitive places, but didn’t provide an exhaustive list.

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