New Mexico Eh?
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2023-09-10 07:48 by Karl Denninger
in States , 332 references Ignore this thread
New Mexico Eh?
[Comments enabled]

One has to wonder what sort of insanity has gripped the governor of New Mexico:

The Democrat issued an emergency public health order on Friday, suspending the right to carry guns in public across Albuquerque and the surrounding Bernalillo County for at least 30 days following the shooting deaths of three children in the area.

Local law enforcement officials expressed concerns that the governor's order violated Second Amendment rights. The governor acknowledged the ban may face legal challenges and addressed these concerns during a press conference.

Uh, not "might."

Given the extant Supreme Court decisions not only is it unconstitutional the Governor knows it.

Then again so was demanding you wear masks and take shots.

The Constitution is not the 10 suggestions, and if we are going to have Governors and others issue edicts that they know are unlawful right up front then we do not live in a Constitutional Republic.

What percentage of the population has to decide that not only is this unacceptable but that if she will not observe the Constitution neither will they and there will be no limits to said refusal?  Oh wait, we already have that in our cities, right?  "Gimme dat" -- otherwise known as "smash and grab", "mugging", "migration" and similar.  Well?

She has no power to take this action in the first place -- and didn't back in 2020 with the orders then either.  Oh sure, you can claim some statute gave her this or that but in fact an order or "law" contrary to the Constitution is void ab-initio.  So has said the US Supreme Court:

An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed.

So if you are "detained" under such an Unconstitutional Act that is not the act of a police officer, it is an armed felony assault and all of the actions you have a right to take to stop such an assault become lawful as is the case for any other armed felony assault.

There are some people who have raised the argument that a Bivens action should be considered (which provides the capacity for a person to sue a police officer in their personal capacity, and no qualified immunity claim succeeds to bar it.)  Well, probably not -- because Bivens applies to federal acts.  But -- and this is important, the New Mexico Governor signed a law in 2021 eliminating qualified immunity for police officers!

Thus you don't need Bivens; a cop in New Mexico bears personal liability for any unconstitutional act.

Oh by the way this is not a toothless statute either; you can personally sue the cop(s) involved for $2 million if you choose to pursue this via such a fashion rather then immediately terminating the felony assault in the first place.

And no, New Mexico does not have an unlimited homestead bankruptcy exemption and their "tools, vehicle and similar" personal property exemptions are fairly limited as well.

You have a purdy house, Ossifer.

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Doladin 153 posts, incept 2022-01-15
2023-09-10 08:06:03

I can only hope some white hats pushed through this order on the grounds of "public health" - something so stupid that it would be addressed easily in courts and set a proper precedent for anyone trying to push through tyranny under public health orders.

Maybe our guys are starting to learn to fight dirty (after 80 years..)
Invisiblesun 836 posts, incept 2020-04-08
2023-09-10 08:14:02

These American Communists need to refresh their memory of how the people of Romania dealt with the Marxist couple and dictators Nicolae and Elena Ceaușescu.

Dji 1k posts, incept 2009-04-21
2023-09-10 08:21:16

The CUNT needs this smiley ASAP.

Broadcast it live...Nation wide.

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Don't be a bag holder-Me

What goes up Must come Down- Alan Parsons Project
Dingleberry 831 posts, incept 2011-11-06
2023-09-10 08:26:06

Live by the karen.....die by the karen.

I'm familiar with New Mexico, it's is a literal shit hole infested with a bunch of shitheads.

They seem to enjoy wallowing in their sty.

Fuck 'em.
Russell 19 posts, incept 2022-02-27
2023-09-10 08:35:55

She looks like she has not missed a booster.
Jerry_d 30 posts, incept 2022-05-12
2023-09-10 09:09:48

I think the police knwo this is a no win for them. Looks like they won't enforce it. https://www.koat.com/article/albuquerque....

Boredfree 1k posts, incept 2021-09-15
2023-09-10 09:10:06

The left leaning folks are a mess. How they manage to achieve any success in life is amazing.

The new Mexico gov is treading on thin ice. Her executive order requires law enforcement to enforce her 'law' yet she removed the protection the color of authority previously enjoyed.

The left doesn't realize for every action there is a reaction. They believe their way is the solution, but they also never think of what the bad outcomes will be.

I attended a fun party to celebrate our friend's 50th wedding anniversary. Pretty much everyone who came is a hard-core Democrat.

I know it seems crazy, but despite the politics I consider these people friends. If the SHTF, these will be some of the folks who survive. Not because of their political views but because they farm, raise food and know how to be good neighbors. I would prefer they were like the people populating our favorite forum, but they aren't and I can't change them.

I did needle a fellow who was bummed his new neighbors are all 'survivalist' who are entrenched in his area because as he admitted there isn't anyone to harass them. Same reason he moved to there.

Personally I feel most survivalist are silly. You ain't surviving very long alone. What's that I smell? Bacon! Let's git sum! ...and that's what they did, after killing the guy cooking it. Get my drift?

The democrat dude wondered how we could fix the mess we've created? I explained part of the problem was due to the demographics of voters and the way larger areas dictate what happens in rural America. I explained letting everyone vote is likely the cause of our demise because people who don't own land aren't as committed to an area as those who have chosen to purchase a home and pay the taxes to reside there.

My foil was curious how we could make the renter class feel as connected to a place as the landowners? I told him this is impossible due to how different both groups veiw place. Renters are transients who may or may not be personally invested in a community. Regardless, they will almost always vote for more taxation to better THEIR quality of life. Better schools, better roads, better libraries, better hospitals, ect.

They complain about their rent rising. How come it cost so much to live here is their lament. Why can't I afford property? How come our county's sale tax is double the poor county's?

Then they vote to make it more difficult for landlords to control who they choose to rent to, or what a landlord can charge or any number of rules they dream will allow them to live cheaply. What do landlords do? Raise prices or stop renting which reduces the number of rentals, which increase prices.

Action-reaction.

The NM gov executive order is likely to cause moderate democrats in her state to reject her and maybe libralism altogether.

smiley




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The problem is most people want to point a finger rather than their thumb when dealing with challenges.
Houstonfalcon 46 posts, incept 2010-05-30
2023-09-10 09:11:44

She felt she had to "do something" about the gun violence in Albuquerque (according to her). Now things get really interesting. I wonder if the Dems were scrambling a little this weekend.

I would like to see her frog marched out of the Governor's mansion and right into a police car for booking since she obviously violated her oath of office.

Grab the popcorn.
Augeries 419 posts, incept 2019-09-26
2023-09-10 09:12:18

I've met more and more cops over the past few years. It's a side effect to getting involved with USPSA and such. They all seem like great guys, and it hurts to know that on duty they would likely toss their inner good guy aside for the job. I wonder how any of them would react to this article? To the idea that violating the Constitution makes their lives forfeit?

How many of them would stand their ground for what is right, and how many of them would have helped burn down Waco?

Tit for tat is perfectly acceptable, so be damned careful when you set the rules of engagement.

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The World is Quiet Here.
Veeger 1k posts, incept 2013-02-13
2023-09-10 09:12:28

So is ANYONE openly violating this order and daring its enforcement? ANYONE??? .... Buehler?????

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I remember the Diamond Princess.


Slowly at first, then all of a sudden.
Wayiwalk 962 posts, incept 2016-11-09
2023-09-10 09:12:32

She a real peach, too:

https://en.m.wikipedia.org/wiki/Michelle....

/s

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The Lockdowns Will Continue Until the Morale Improves!

I keep thinking, "it can't get any worse" and then it does!

Reason: clarity
Cmoledor 2k posts, incept 2021-04-13
2023-09-10 09:12:35

Fuck everyone in power. That is all.

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The whole world is one big fucking scam
Full throttle till the end. Ocdawg
Take the stick you tried to beat me with and go fuck your own face. Ishmael
Tickerguy 198k posts, incept 2007-06-26
2023-09-10 09:13:00

She's fat, she's ugly and I wouldn't fuck her with YOUR dick.

And despite blatantly unconstitutional acts during the pandemic, the people of the state allowed her to remain in office (say much less remaining anything else), so this is THEIR problem, not mine.

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"Anyone wearing a mask will be presumed to be intending armed robbery and immediately shot in the face. Govern yourself accordingly."

Cmoledor 2k posts, incept 2021-04-13
2023-09-10 09:23:19

I see Rachel I have a dick Levine when I saw her wiki photo. Ever notice all these fucking people look similar somehow? Its the damnedest thing.

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The whole world is one big fucking scam
Full throttle till the end. Ocdawg
Take the stick you tried to beat me with and go fuck your own face. Ishmael
Mike77079 90 posts, incept 2010-06-21
2023-09-10 09:23:27

If you think about it, in some ways this was a pretty good city for libs to float this trial balloon. It's about the chiiiildren, right? They might get lucky and for the next 30 days there may not be any children that get killed by being shot. There were only two or three a month before this. If none are killed the libs will say "see, it works". Try something like this in Chitcago and it would be immediately apparent how completely ineffective it is.
Krzelune 17k posts, incept 2007-10-08
2023-09-10 11:06:34

I think there is a Cabal marching in the same parade with agents in power (elected or not) located sporadically here and there. They push the limits at every opportunity eroding foundations.

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Nashville 162 posts, incept 2018-02-27
2023-09-10 11:06:41

Speaking of unconstitutional acts, did the US Supreme Court rule in 1894 that taxes imposed on WAGES was such? What changed? Can we utilize Bivens on those 89,000 new IRS public servants?
Dingleberry 831 posts, incept 2011-11-06
2023-09-10 11:06:53

Boredfree,

There are almost no moderate democrats.

That is flaw in your thinking.

They double down on stupidity.

This is why once the blue cancer takes root in your abode.....it's over. Maybe once in a while the descent into the shitter slows or stops for a year or two.....but the trend is generally always the same. I've lived it a bunch of times. Harsh personal experience.

New Mexico will elect another dem next election. So will Hawaii (despite being pissed at Brandon). So will Chitcago, NYC, etc. who are not happy sharing their gibs with illegals (that they endorsed).

You choose to hang out and call those "friends" who vote to rob you blind and destroy your rights.

Be my guest.

And if those gibsmetdats come try and get my bacon.....say hello to my little friend.
Raven 15k posts, incept 2017-06-27
2023-09-10 11:07:53

Even if the LE and Sheriffs refuse to enforce it, there will be a world of hurt if someone needs to use his firearm which he is carrying. His criminal case would have to be argued as improper in terms of this "order" being improper. Bring money.

There is a reason for all of this based in simple logic.

Every tyranny must eventually show itself.

Or else it does not have the power it lords over people.

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Mission Complete

The truth is just too powerful to know. Those who hold the truth suffer more than those who believe the lie. -The Hall of Tears
Nashville 162 posts, incept 2018-02-27
2023-09-10 11:08:06

My ignorance on the matter on full display. I looked up some fascinating info at:

https://www.crf-usa.org/bill-of-rights-i....

Fellow Tennessean, Cordell Hull played a part in pushing our current confiscatory tax system. The above is a good read that mirrors our current situation with the Democratic Party using envy of the rich to push their agendas. So.. Cordell Hull Dam(n).
Bagbalm 6k posts, incept 2009-03-19
2023-09-10 11:08:13

From ZH: Those in violation of the emergency order would face a fine of up to $5,000 if they are found to be in possession of a firearm in public with the exception of transporting one to a secure location such as a gun range.
Disgusted 565 posts, incept 2021-07-20
2023-09-10 11:08:18

That Wiki picture looks like she's already had her head chopped off and it's been sitting around for a few months. Fucking butt ugly inside and out. We have our own version of that CUNT here in AZ. Just waiting for that slut to try it here too. Impeachment probably won't work but it's worth a try.

https://www.zerohedge.com/political/full....
Thelazer 1k posts, incept 2009-05-11
2023-09-10 11:08:23

There really should be something that removes these fools when they try passing something that they know is blatantly unconstitutional.

Oh wait, I know....
Wileycoyote40 45 posts, incept 2018-05-05
2023-09-10 11:08:28

Good thing the criminals with guns will be scared and no longer carry for the next 30 days! /s
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