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WED: Federal judge blocks suspension of right to carry firearms in public ordered by governor, + More

Demonstrators carry their assault rifles to a Second Amendment protest in response to Gov. Michelle Lujan Grisham's recent public health order suspending the conceal and open carry of guns in and around Albuquerque for 30-days, Tuesday, Sept. 12, 2023, in Albuquerque, N.M.
Roberto E. Rosales
/
AP
Demonstrators carry their assault rifles to a Second Amendment protest in response to Gov. Michelle Lujan Grisham's recent public health order suspending the conceal and open carry of guns in and around Albuquerque for 30-days, Tuesday, Sept. 12, 2023, in Albuquerque, N.M.

Federal judge blocks suspension of right to carry firearms in public ordered by New Mexico governor - By Susan Montoya Bryan Associated Press

A federal judge has blocked part of a public health order that suspended the right to carry guns in public across New Mexico's largest metro area, as criticism mounted over the actions taken by the governor and political divides widened.

The ruling Wednesday by U.S. District Judge David Urias marks a setback for Democratic New Mexico Gov. Michelle Lujan Grisham as she responds to several recent shootings that took the lives of children, including an 11-year-old boy as he left a minor league baseball game in Albuquerque.

Lujan Grisham imposed an emergency public health order Friday that suspended the right to open or concealed carry of guns in public places based on a statistical threshold for violent crime that is only encountered in Albuquerque and its outskirts. The governor cited recent shootings around the state that left children dead, saying something needed to be done. Still, she acknowledged that criminals would ignore the order.

Violators would have faced civil penalties and a fine of up to $5,000 by State Police. The local sheriff and Albuquerque's police chief had refused to enforce the order.

Advocates for gun rights filed a barrage of legal challenges to the order in U.S. District Court in Albuquerque alleging infringement of civil rights under the Second Amendment of the U.S. Constitution. Republicans in the legislative majority have called for impeachment proceedings against the governor.

Lujan Grisham has remained defiant despite protests that have drawn crowds to public squares in Albuquerque over recent days. The governor is testing the boundaries of her executive authority again after using public health orders for aggressive lockdowns during the outset of the coronavirus pandemic.

Mothers and military veterans have been among those demonstrating, many with holstered handguns on their hips and rifles slung over their shoulder. They have voiced concerns about the ability to protect themselves from violent crime in a city that has been scarred by drive-by shootings and deadly road rage incidents.

Even top Democrats — including New Mexico Attorney General Raúl Torrez — have suggested that the governor's time would have been better spent developing comprehensive legislation to tackle the issue.

New Mexico is an open carry state, so the governor's order suspending the open and concealed carry of firearms affects anyone in Bernalillo County who can legally own a gun, with some exceptions. Just over 14,500 people in Bernalillo County had an active concealed carry license, according to an Associated Press analysis of data provided by the New Mexico Department of Public Safety for the 2023 fiscal year.

Statewide, including Bernalillo County, the 2023 fiscal year data showed just over 45,000 active concealed carry licenses.

State police confirmed late Tuesday that no one has been cited for violating the governor's order.

The New Mexico Chiefs of Police Association said every law enforcement officer in the state shares Lujan Grisham's concerns about gun violence, but the order was the wrong way to go. The association will join others in calling for a special legislative session to tackle gun violence, said the group's head, Farmington Police Chief Steven Hebbe.

"The knee-jerk reaction to curtail the rights of every citizen rather than focusing on lawbreakers who plague our communities can't be justified," Hebbe said.

Albuquerque Mayor Tim Keller and Police Chief Harold Medina on Tuesday outlined what the city has been doing to address crime, saying law enforcement and judicial officials have been meeting since 2021 to develop legislative priorities and other efforts to fix what they referred to as a "broken criminal justice system."

The officials said many of the proposals have been watered down to the point of being ineffective and funding for vital programs and personnel has been cut.

"Albuquerque families can't afford political debates that distract us from fighting violent crime," Keller said. "This is a powerful moment to listen to police and behavioral health professionals to create the change we need in a special session."

___

Associated Press writers Christopher L. Keller in Albuquerque and Morgan Lee in Santa Fe, New Mexico, contributed to this report.

Bill Richardson is mourned in New Mexico after globe-trotting career, lies in state at Capitol - By Morgan Lee Associated Press

Friends and admirers of former Gov. Bill Richardson are mourning the hard-charging politician whose career spanned the globe, from mountain villages of northern New Mexico as a youthful congressman, to the United Nations and a litany of countries on unofficial diplomatic missions that often helped free imprisoned Americans.

Richardson's casket was scheduled to lie in state Wednesday in the rotunda of the New Mexico Statehouse astride a giant inlay of the New Mexico state seal and an ancient Zia Pueblo symbol of the sun.

Richardson died in his sleep at his home in Chatham, Massachusetts, earlier this month at age 75.

Final memorials and funeral services were scheduled in Santa Fe, the state capital city where Richardson served two terms as governor starting in 2003 and is still remembered for innate political skills, ambition and an ability to both clash and reconcile with rivals.

"He admired legislators who showed spunk and integrity and didn't give in to his 'my way or the highway,'" tactics, said state Rep. Miguel Trujillo of Albuquerque, who led a House committee on labor during Richardson's tenure as state governor.

Former state House speaker Brian Egolf of Santa Fe witnessed Richardson's evolution from congressman to U.S. diplomat, Cabinet secretary and then state governor. He said Richardson mentored younger people at every step.

"He was also a hard-charging person," Egolf said of Richardson. "If he disagreed with somebody who was his friend, he wouldn't back down, he would mix it up. ... But he always came back around and said, 'It's over. ... He'd shake your hand and move forward."

William Blaine Richardson was born in Pasadena, California, but grew up in Mexico City with a Mexican mother and an American father who was a U.S. bank executive. He attended prep school in Massachusetts, earned degrees in international studies from Tufts University and worded as a Capital Hill staffer before moving to New Mexico in 1978.

The state's Hispanic heritage was a good fit as Richardson campaigned for Congress and won his second bid in 1982 for a newly created district spanning northern New Mexico.

He resigned from Congress in 1997 to join President Bill Clinton's administration as U.N. ambassador and became secretary of energy in 1998. Richardson later sought the 2008 Democratic nomination for president but dropped out after lackluster finishes in the Iowa caucuses and New Hampshire primary.

In an interview with The Associated Press in August, Richardson said he was proud of the work he had done to free dozens of people over the years and of his advocacy for the Navajo Nation.

Funeral services were scheduled for Thursday at Santa Fe's downtown Cathedral Basilica of St. Francis of Assisi.

New Mexico governor's suspension of right to public carry ignites protests, lawsuits and debates - By Susan Montoya Bryan Associated Press

Some demonstrators defiantly wore holstered handguns on their hips or carried rifles in a Tuesday rally by gun-rights advocates, protesting New Mexico Gov. Michelle Lujan Grisham's surprise order to suspend the right to carry firearms after two children were recently killed in separate shootings.

The rally unfolded on Albuquerque's Civic Plaza shortly before New Mexico Attorney General Raúl Torrez announced he cannot defend the governor's public health order on firearms, furthering a divide between the state's top-ranked elected Democrats.

In his letter to Lujan Grisham, Torrez said that although he agrees a debate is needed on the impact of gun violence, it cannot be rebranded a public health emergency to justify a blanket 30-day prohibition against carrying firearms in and around Albuquerque. He urged the governor to consider whether her time would be better spent on developing comprehensive legislation.

"While I understand that frustration may have led you to undertake a unilateral approach to addressing the heart-wrenching challenge of gun violence in our community, I urge you to reconsider this course of action," said Torrez.

Lujan Grisham responded by saying she's "looking for state leaders to step up and take bold steps to make New Mexicans safer from the scourge of gun violence," her spokesperson Caroline Sweeney wrote in an email. "We invite the Attorney General to turn his attention to that effort."

Many of the dozens of people gathered in Albuquerque on Tuesday wore T-shirts in support of the right to bear arms, while others waved American flags and held signs reading: "Do Not Comply." They ranged from military veterans to mothers.

Alicia Otero, whose son was killed in 2021, held a poster that included a photo of 24-year-old Elias Otero and the words "I blame the shooter! Not the gun!"

"I'm here because I'm against gun violence and I've been crying to our governor to make changes and to hold the offenders accountable and now that she made this new order, it's unfair to us because we're scared," she said. "After things like this happened, we need to protect ourselves and now she's taking that away from us."

Law-abiding citizens are being punished by the order that won't curb crimes like the one her family suffered, Alicia Otero said.

Lujan Grisham said Friday she was compelled to suspend the open and concealed carry of guns because of recent killings. Those include the deaths of an 11-year-old outside a minor league baseball stadium in Albuquerque and a 13-year-old in Taos County.

The Catholic Church was among the few joining longtime gun-control advocates in support of the order.

Miranda Viscoli, co-president of New Mexicans to Prevent Gun Violence, called it "disheartening" that more people aren't backing the governor's move.

"Hearing gunshots outside your home in Albuquerque is kind of the norm now," said Viscoli. "There has been a spike in gun violence in New Mexico and we're at a breaking point."

Lujan Grisham rebuffed calls to rescind the order from Republican lawmakers who also threatened impeachment proceedings.

But even some influential Democrats and civil rights leaders typically aligned with the governor's progressive political agenda warned that her well-intended move could do more harm than good to overall efforts to ease gun violence.

Several lawsuits have been filed. A U.S. District Court judge in Albuquerque is scheduled to hear motions for a temporary restraining order Wednesday afternoon.

New Mexico is an open carry state, so the governor's order affects anyone in Bernalillo County who can legally own a gun, with some exceptions. Just over 14,500 people in Bernalillo County, the state's most populous county and home to Albuquerque, had an active license, according to the fiscal year 2023 data.

At an afternoon news conference, New Mexico Republican Party Chairman Steve Pearce accused Lujan Grisham of "totalitarian" behavior and called her order unconstitutional.

"We need to knock this thing down and send her packing," he said.

Bernalillo County Sheriff John Allen and Albuquerque Police Chief Harold Medina said the order violates constitutional rights and won't enforce it.

Allen is among top law enforcement officials and prosecutors who said they weren't consulted before Lujan Grisham announced the order that even she admits will be ignored by criminals.

The New Mexico Chiefs of Police Association said every law enforcement officer in the state shares Lujan Grisham's concerns about gun violence, but the order was the wrong way to go. The association will join others in calling for a special legislative session to tackle gun violence, said the group's head, Farmington Police Chief Steven Hebbe.

"The knee-jerk reaction to curtail the rights of every citizen rather than focusing on lawbreakers who plague our communities can't be justified," Hebbe said.

Biden plan would overhaul 151-year-old mining law, make companies pay royalties for copper and gold - By Matthew Daly Associated Press

The Biden administration is recommending changes to a 151-year-old law that governs mining for copper, gold and other hardrock minerals on U.S.-owned lands, including making companies for the first time pay royalties on what they extract.

A plan led by the Interior Department also calls for the creation of a mine leasing system and coordination of permitting efforts among a range of federal agencies. This comes as The White House has been pushing to boost domestic mining for minerals needed for electric vehicles, solar panels and other clean energy.

Under terms of an 1872 law, the U.S. does not collect royalties on minerals extracted from federal lands, a fact Democratic lawmakers and environmental groups have long lamented. The White House plan would impose a variable 4% to 8% net royalty on hardrock minerals produced on federal lands. The proposal needs approval by Congress — unlikely when the House is controlled by Republicans who have long opposed such fees.

Undeterred by such political reality, an interagency working group — led by Interior — touted the benefits of imposing royalties on about 750 hardrock mines on federal lands, mostly in the West. The figure does not include about 70 coal mines whose owners must pay federal royalties.

"A royalty would ensure that American taxpayers receive fair compensation for minerals extracted from federal lands," the working group said in a report Tuesday. The fee also could pay for programs to boost mining permits, clean up abandoned mine lands and help states and tribal governments that provide infrastructure and services to mining-dependent communities, the report said.

The U.S. stands out among other countries, such as Australia, Canada and Chile, that collect royalties on minerals. At least a dozen Western states also collect royalties on hardrock mining.

"Although thoughtful concerns were raised by the mining industry regarding the existing hardrock leasing system that is used on certain federal lands,'' the working group "did not receive any arguments as to why a properly designed leasing system could not be equally successful in the United States,'' the report said.

Deputy Interior Secretary Tommy Beaudreau, who chaired the working group, called the plan released Tuesday "a modernized approach" that would "meet the needs of the clean energy economy while respecting our obligations to tribal nations, taxpayers, the environment and future generations.''

"Securing a safe, sustainable supply of critical minerals will support a resilient manufacturing base for technologies at the heart of the president's investing-in-America agenda, including batteries, electric vehicles, wind turbines and solar panels," said Joelle Gamble, deputy director of the White House National Economic Council.

Tribes and environmental groups welcomed the report but urged President Joe Biden to go further to protect communities, sacred places and water resources. The White House formed the working group last year as Biden pledged to boost production of lithium, nickel and other minerals used to power electric vehicles and other clean energy.

"These modest reforms are a good first step, but they're not enough to safeguard our water and communities," said Allison Henderson, southern Rockies director at the Center for Biological Diversity, an Arizona-based nonprofit. "The Biden administration should use its full authority to update these antiquated mining laws, prevent more mining industry devastation and preserve a livable planet for future generations."

Rich Nolan, president and CEO of the National Mining Association, said the report did little to advance Biden's stated goal to secure domestic mineral supplies while supporting responsible mining.

Creation of a leasing system, imposition of a punitive "dirt tax" and proposed royalties as high as 8% "will throw additional obstacles in the way of responsible domestic projects, forcing the U.S. to double-down on our already outsized import reliance from countries with questionable labor, safety and environmental practices," Nolan said in a statement.

Wyoming Sen. John Barrasso, the top Republican on the Senate Energy and Natural Resources panel, said Biden was "taking a sledgehammer to affordable, reliable energy.''

If enacted, the proposed mining reforms "will force us to buy more critical minerals" from China and other countries that use forced or child labor "instead of harnessing our abundant resources here at home," Barrasso said.

Moose caught near Downtown Santa FeSanta Fe New Mexican, KUNM News

A moose was captured in a neighborhood near downtown Santa Fe Tuesday.The Santa Fe New Mexican reports that the 1,000-pound animal known as “Marty” to locals has likely wandered Northern New Mexico for about a year.

Department of Game and Fish staff tranquilized the animal after hearing from neighbors that it was in a field near houses.

A spokesperson for the department told the New Mexican that the moose will see a wildlife veterinarian before being relocated, possibly to Colorado.

Officials say Santa Fe is the farthest south that they have seen a moose in New Mexico. State broadband director steps downBy Megan Myscofski, KUNM News 

The director of the New Mexico Office of Broadband Access and Expansion is leaving the post after a little over a year.

Gov. Michelle Lujan Grisham announced Kelly Schlegel’s retirement Tuesday and praised her work expanding broadband in rural parts of the state.

New Mexico secured $675 million dollars in federal funding earlier this year to improve broadband services under her leadership.

Her last day will be this Friday, September 15th.

State offers water testing for private wells in LamyBy Megan Myscofski, KUNM News

Lamy residents with private water wells will have access to free water well testing next week.

The New Mexico Environment Department is hosting an event on September 23rd from 10 a.m. to 2 p.m. where it will offer 100 free tests.

Anyone interested will need to bring a water sample to the event. Instructions can be found on the department’s website.

Test results will be mailed to participants afterwards. The tests normally cost about $150.