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