Representative Ted Lieu, a California Democrat, called a recent gun safety order from his fellow Democrat, New Mexico Governor Michelle Lujan Grisham, unconstitutional on Saturday.
In the wake of a series of deadly shootings, Lujan Grisham, who has served as New Mexico's governor since 2019, issued a declaration on Friday classifying gun violence and drug abuse as public health emergencies, according to CNN. As part of the declaration, New Mexico's open and concealed carry gun laws were suspended for 30 days in Bernalillo County, home to the state's largest city, Albuquerque, barring the possession of firearms on public property, with a few exceptions.
"The time for standard measures has passed," Lujan Grisham said in a statement. "And when New Mexicans are afraid to be in crowds, to take their kids to school, to leave a baseball game – when their very right to exist is threatened by the prospect of violence at every turn – something is very wrong."
Taking to X, the platform previously known as Twitter, on Saturday afternoon, Lieu, who represents California's 36th Congressional District, called Lujan Grisham's decision into question on constitutional grounds, while also affirming his support for gun safety laws.
"I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution," he wrote in a post. "No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution."
I support gun safety laws. However, this order from the Governor of New Mexico violates the U.S. Constitution. No state in the union can suspend the federal Constitution. There is no such thing as a state public health emergency exception to the U.S. Constitution. https://t.co/kOhLMtaOl2
— Ted Lieu (@tedlieu) September 9, 2023
In a statement to Newsweek, Lujan Grisham's office countered Lieu's criticism, insisting that the governor's order does not violate the Constitution.
"This order does not suspend the Constitution but instead state laws over which the governor has jurisdiction," press secretary Caroline Sweeney wrote. "The governor is looking for proactive partners who will bring solutions to the table— not naysayers who have no real answers to the gun violence epidemic we are faced with. She was elected to serve the people of New Mexico, and not a day goes by that she doesn't hear from a constituent asking for more to be done to curb this horrific violence. If Ted Lieu is so interested in addressing this issue, we invite him to join our next police academy class in January."
What Are New Mexico's Gun Violence Rates?
According to the FBI's Uniform Crime Reporting Program, New Mexico had nearly double the rate of violent crimes than the country's average in 2021, with roughly 778 incidents per 100,000 residents compared to 398 incidents per 100,000 residents nationally.
The Centers for Disease Control and Prevention (CDC) also listed New Mexico as having one of the highest rates of firearms-related mortality in the United States. In 2021, the state experienced 27.8 gun-related deaths per 100,000 citizens. That placed it third on the agency's chart behind Mississippi (33.9 per 100,000) and Louisiana (29.1 per 100,000).
Public Officials Also Weigh In
The order was made after the governor consulted with several officials: Bernalillo District Attorney Sam Bregman, Bernalillo County Sheriff John Allen, Albuquerque Police Chief Harold Medina, and former State Police Chief Pete Kassetas. In a statement after it was announced, however, Allen, a Democrat as well, also called into question the declaration's constitutionality.
"While I understand and appreciate the urgency, the temporary ban challenges the foundation of our Constitution, which I swore an oath to uphold," Allen said.
Medina expressed reservations as well, noting that state authorities, as opposed to the Albuquerque Police, would be responsible for enforcing the order.
While the move has drawn criticism from some Democrats, it has also drawn derision from Republicans, who have long opposed most forms of gun control laws. GOP state Representatives Stefani Lord and John Block have each called for Lujan Grisham to be impeached, with Lord saying in a statement, "Rather than address crime at its core, Grisham is restricting the rights of law-abiding gun owners."
Update 9/10/2023, 6:57 p.m. ET: This article has been updated with comment from Lujan Grisham's office.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national ... Read more
To read how Newsweek uses AI as a newsroom tool, Click here.
