Disclaimer: This article is for informational and editorial purposes only and is not legal advice. Firearms and cannabis laws vary by state and change frequently. Always verify current law and consult a qualified attorney. New Mexico Madness is not an authority on Second Amendment rights or any other legal matter.
The Memo
This morning, New Mexico Madness sent a formal, on-the-record memo to Governor Michelle Lujan Grisham (@GovMLG) and the New Mexico Department of Justice (@NewMexicoDOJ), requesting guidance on what last week's unanimous Supreme Court ruling in United States v. Hemani means for New Mexicans.
The ask was simple and respectful: five questions covering citizens, gun retailers, and law enforcement. We made it public because the answers belong to the public.
Why This Touches Everyone—Not Just Gun Owners
The ruling reshapes the legal footing for a significant share of our state, where both recreational and medical cannabis are legal. And the stakes land against a stark backdrop: New Mexico ranks #1 in property crime and #2 in violent crime nationally, with a gun death rate that grew 45% between 2015 and 2024—outpacing the national increase of 18%. When a ruling reshapes who can legally arm themselves in a state with public safety challenges this acute, clarity isn't optional.
The five questions we asked:
- What guidance will the state provide to lawful cannabis-using firearm owners?
- How should New Mexicans approach the ATF Form 4473 "unlawful user" question until federal policy updates?
- What guidance will the state offer firearm retailers facing the same uncertainty?
- How should law enforcement handle cases that previously rested solely on cannabis use?
- How will the state reconcile its own firearm restrictions with this ruling?
What New Mexico Had in Place Before
The honest answer: nothing at the state level. The prohibition that United States v. Hemani narrowed was entirely federal—built on 18 U.S.C. § 922(g)(3) and ATF policy. New Mexico legalized cannabis but never addressed the federal firearms trap its own legal users fell into, even as the state moved aggressively on other gun measures like waiting periods and public-health orders. The vacuum was the policy.
The Silence in Context
Here's what makes the quiet notable. State leadership has rarely been shy about public safety. The Governor has called special sessions on crime, held public safety town halls, and signed accountability legislation. The Attorney General's office has publicly argued that "transparency and effectiveness... [are] vital to public safety," even suing to force the release of public records for journalists. Leaders who champion transparency and act decisively on firearms have, so far, said nothing about a unanimous Supreme Court ruling that directly affects thousands of New Mexicans.
**As of publication: Neither the Governor's office nor the Department of Justice had responded to our public request by the time of publication. We will update this article if and when they do.
The Pile-Up
This ruling doesn't land in a vacuum—it lands on top of a stack. Over a holiday weekend, hard questions on multiple fronts went unanswered, and now they're converging. When the questions stack up faster than the answers, citizens notice. And the calendar is unforgiving: the places to avoid hard questions get smaller every month, and New Mexicans have long memories.
Madness Thoughts
We'll say it plainly, as gun owners and as New Mexicans: this isn't about being for or against cannabis. It's about whether the people who govern us will show up when a decision this consequential affects this many of us.
We asked respectfully. We asked publicly. We asked the questions any New Mexican would want answered. A response would show leadership. Silence is an answer too—just not the one a state ranked worst-in-the-nation for crime should be giving its citizens. Rights are rights, safety is safety, and the people deserve more than a quiet phone line. We'll keep asking. That's the job.
References
- NM gun death rate and public safety data — NM Legislature Senate Memorial 28 (2026): https://www.nmlegis.gov/Sessions/26 Regular/memorials/senate/SM028.PDF
- AG on transparency as vital to public safety — NM DOJ Special Session Package: https://nmdoj.gov/wp-content/uploads/NM-DOJ-Special-Session-Package.pdf
- Governor's public safety town hall — KFOX/KVIA: https://kfoxtv.com/news/local/hundreds-gather-as-nm-governor-vows-to-tackle-public-safety-issues
- Governor signs public safety accountability bill — Office of the Governor: https://www.governor.state.nm.us/2020/07/08/governor-signs-public-safety-accountability-bill/
- NM property/violent crime ranking — USAFacts New Mexico crime: https://usafacts.org/answers/what-is-the-crime-rate-in-the-us/state/new-mexico/
