Gov. Michelle Lujan Grisham of New Mexico invoked her state’s Emergency Health Powers Act to impose a temporary ban on carrying firearms. This story is relevant because Emergency Health Powers Acts were used to justify mandates and other unconstitutional actions in various states during the COVID-19 pandemic. Emergency Health Powers Acts have been passed in several states in response to the Model State Emergency Health Powers Act produced by Lawrence O. Gostin and promoted by The Center for Law and the Public’s Health at Georgetown and Johns Hopkins Universities. Similar powers are being claimed by the WHO in their International Health Regulations.
Citizens of New Mexico protested against the temporary ban. Law enforcers in New Mexico said that they would not enforce this unconstitutional ban. Pundits said that New Mexico just went red. The situation has become a test of the viability and constitutionality of the Emergency Health Powers Acts passed in the various states.
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