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California Governor Pushes for “28th Amendment” to Restrict Guns

California Governor Pushes for “28th Amendment” to Restrict Guns

California Governor Gavin Newsom (D-CA) wants to add a new amendment to the US Constitution. 

“Our ability to make a more perfect union is literally written into the Constitution,” proclaimed Newsom on Thursday. “So today, I’m proposing the 28th Amendment to the US Constitution to do just that. The 28th will enshrine in the Constitution commonsense gun safety measures that Democrats, Republicans, Independents, and gun owners overwhelmingly support – while leaving the Second Amendment unchanged and respecting America’s gun-owning tradition.” 

Newsom said his proposal is designed to address ‘the nationwide echo chamber of despair’ created by mass shootings and claimed it would ‘ensure NRA-owned politicians never pass laws that strip away fundamental freedoms to live life without fear of gun violence.’

Key elements of the 28th Amendment include:

  • Increase the federal minimum age to purchase a gun to 21
  • Require universal background checks before firearm purchases 
  • Implement a “reasonable” waiting period before purchases 
  • Ban assault weapons nationwide 
  • Allow states/jurisdictions to pass additional gun control measures

Groups including the Gun Owners of America (GOA) and the National Rifle Association (NRA) responded immediately to the news, viewing Newsom’s proposal as a direct threat to Americans’ Second Amendment rights. 

“We’ve always warned those who cherish their God-given liberties that the ultimate goal of anti-gunners was the abolishment of the Second Amendment,” warns Erich Pratt, senior vice president of GOA.

“Newsome’s latest publicly stunt once again shows that his unhinged contempt for the right to self-defense has no bounds,” argues the NRA. “California is a beacon for violence because of Newsom’s embrace of policies that champion the criminal and penalize the law-abiding. That is why the majority of Americans rightfully reject his California-style gun control.”   

Amendments can be added to the Constitution in two ways: by Congress with a two-thirds vote in both chambers or by a convention of states as outlined in Article V. Understanding his amendment has no hope of making it through the GOP-controlled House, Newsom is pushing for the latter method.

Under Article V, a constitutional convention may be held if two-thirds of state legislatures sign off on a resolution calling for one. Any proposal(s) adopted during the meeting would then require approval from thee-fourths of state legislatures. There are currently 27 amendments to the US Constitution and none of them were passed by convention. The most recent amendment, passed in 1992, prevents lawmakers from giving themselves a pay raise during the current term.

Some fear the results of an Article V convention given the fact that the law does not specify who needs to be present during the convention – though it is unlikely California can drum up enough support to hold the event in the first place.

In addition, Newsom knows that he can expect no help from the Supreme Court (whose conservative majority has already vetoed California’s concealed carry policies).

Governor Newsom’s attempt to alter the US Constitution is irritating after a rather optimistic year for gun rights activists – including the Supreme Court’s 2022 decision to strike down a historic New York law that made it difficult for residents to obtain concealed carry licenses – and is a waste of time given the fact that it is unlikely to succeed.

Lamenting the recent trend in judicial decisions regarding gun ownership, Newsom accused the courts of “literally throwing out all of the progress many of us have made in these blue states.” California currently has the strictest gun control laws in the country, though its ban an assault weapons was overturned by a federal judge in 2021.

Sources:

Newsom proposes constitutional amendment to restrict gun rights 

Gavin Newsom wants 28th Amendment for guns in US Constitution 

Stopping a Dangerous Article V Convention 

Gavin Newsom Proposes 28th Amendment to US Constitution to Curb Gun Violence

Governor Newsom Proposes Historic 28th Amendment to the US Constitution to End America’s Gun Violence Crisis

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12 Comments

  1. Master

    There should be an amendment against Newsom and his communist way of thinking. He is just a small player who wants to be a big dictator. He’s just a child pretending to be an adult.

  2. Fubar

    Gov. Nuisance… You Blame the NRA and the 90 million plus legal, law-abiding gun owners but the local, state and federal statutes you pushed for to detect or deter “mass shooters” actually worked as defined by law. Note: The buyers only became criminals after THEIR actions resulted in mass shootings! So, what law do you propose that will detect that fact? Now on to “professional” criminals in which “Gun control” becomes a real Liberal conundrum! FACT: You, the Democrats want us to believe that people who are willing to ignore laws against rape, torture, kidnapping, robbery, theft, and murder will MAGICALLY obey a law which prohibits them from owning a firearm”. In closing a Historic Fact: Governments have disarmed and executed over 262 million of their own people in the 20th Century. So, please tell me again why Governments should be the only one with guns?

  3. Tom

    Actually this proposal is one of his more sane proposals. Since Gilfoyle left, he does not get much sex, so the male brain tends to get like his.

    I would not mind his proposal but I have not read it for all of the details. And you know they say the devil lives in the details! The reality is that people will always find ways of expressing their anger, rage, frustration, lack of caring, that results in killing people. If not assault weapons (which I do not think are needed) someone will make home made grenades and toss them into classrooms. Or make a pathogen and put it in the food or water supply. Recall that only a few years ago someone hacked a Florida water supply station and told the computer to dump over one hundred times the amount of sodium hydroxide (used for purification) into the water treatment system in order to poison the residents of Oldsmar, FL.. Reason for the hack was an outdated Windows 7 operating system was using remote access that was not supported with security patches anymore.

    Bottom line, we live in a fragile techno society. We just need the right geniuses to go nuts then all hell will break loose! And AR-15s will seem like child’s play when compared to the mass eliminations that can occur in other ways!

  4. frank stetson

    Hmm. this guy sounds more on than off to me Tom. In general.

    The gun proposal seems tame, therefore doable, but really question it’s “constitutionality” as a Bill o Rights amendment beyond the fear of the NRA’s lobbying efforts.

    Wonder which CA Congress person gets to bring it to the floor? And why would they want to carry the Governor’s water? Pelosi? Schiff, Waters, Swalwell, McCarthy? Yeah, right. Maybe Porter could carry it but being from a Red District — so probably one of the great unwashed that we’ve not heard much from.

    FYI: “The reality is that people will always find ways of ……” is really not true. If you search out a good lethality index, you will see that the gun is so overwhelmingly effective at killing, more so, than most other choices, that if magically we removed all guns, overnight the suicide rate would go down. Why, because everything else is more prone to failure and their is a low recidivism with suicide. Australia pretty much proved it beyond societal differences that might skew the results a down under. Same with murder, sure, a grenade can kill, but you have to find one, and if you attempt to make your own, that’s got a number of failure potentials. Nope, hardly anything beats point, click, you’re dead for efficiency and effectiveness. Find a lethality index and see the light :>)

    Now, reducing the capacity of LCMs might reduce the body count for mass murders, rampage murders, and mass shootings since most of these, when stopped by bystanders, happen during clip exchange. But due to low numbers, again, hard to statistically prove. But any other the other Gavin controls would affect the mass stuff much.

  5. Joseph Frank Alba

    TELL NEWSOM TO STOP MESSING WITH OUR GUN RIGHTS! GUNS DON’T KILL PEOPLE PEOPLE KILL PEOPLE! IF YOUR GONNA SAY IT, SAY IT RIGHT! I have slept with a loaded gun under my pillow for 38 years and it NEVER SHOT ANYONE!

    • Mike f

      You ignore the fact that people kill people with guns. You also ignore the fact that the US has far more killings with guns than any other prosperous country per capita. You also ignore the fact that the US has far more guns per capita than any other country in the world. I think on the subject of guns, you choose to ignore the facts, instead focusing on what you, yourself want. Am I right? (Yes is the correct response in case you have trouble answering this question…)

      • Dan tyree

        Don’t want me to have guns? Come and take them.

    • Frank stetson

      Actually, it’s people with guns killing people. And anyone sleeping with a gun should try a woman instead.

      Dan, what’s your address;,I can always use a few more guns. Thanks for your kind offer. Got sny glocks?

      • Dan tyree

        Yes. A 40 caliber model 23c. My favorite

      • Dan tyree

        My Glock 23c is my favorite

        • Frank stetson

          I’m more G47 hip myself with a little mos on the side 😉

          But sure, I don’t want you to have guns if that means I can take your glock for a gurl I know. Where can I pick it up ?

          • Dan tyree

            We live in different states. We would have to ship it to a dealer in NJ