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.