Newsom proposes 28th Amendment to enact nationwide gun restrictions

SACRAMENTO, Calif. (FLV) – California Gov. Gavin Newsom proposed the 28th Amendment to the U.S. Constitution that would aim to tighten firearm restrictions nationwide.

Under the Constitution and Supreme Court decisions, federal gun control has become relatively more limited in recent years, with even some state-level gun control laws being struck down.

Under Newsom and California’s amendment, the federal age to purchase a weapon would be raised from 18 to 21, “universal background checks” would be mandated, a “reasonable waiting period for all gun purchases” would be required, and “assault weapons” would be outlawed for civilian purpose.

In Newsom’s announcement, the phrase “assault weapons” was not defined, nor was a “reasonable waiting period” for gun purchases.

More recently, states like Florida have passed “constitutional carry,” or permitless carry, allowing a firearm owner to carry their weapon without a permit or “government permission slip.”

DeSantis signed Florida’s permitless carry law in April, and it will take effect July 1.

In some states, “constitutional carry” goes so far as permitting carrying a weapon openly with no permit.

“Our ability to make a more perfect union is literally written into the Constitution,” Newsom said. “So today, I’m proposing the 28th Amendment to the United States Constitution to do just that.”

Newsom claimed his proposal would leave the 2nd Amendment “unchanged,” which guarantees a “right to bear arms” that “shall not be infringed.”

“The 28th Amendment will enshrine in the Constitution common sense gun safety measures that Democrats, Republicans, Independents, and gun owners overwhelmingly support – while leaving the 2nd Amendment unchanged and respecting America’s gun-owning tradition,” he said.

His amendment will also grant governments on all levels to enact “common-sense gun safety regulations.”

For the amendment to pass, as proposed by California, a convention of the states would need to be called under Article V of the Constitution.

Two-thirds of all states, or 34 of the United States’ 50 states, would need to call for the convention for one to take place.

From there, three fourths of the country’s state legislatures must approve of the amendment for it pass nationally.

Three fourths of U.S. states would mean 38 states must approve of the amendment. 28 U.S. states have their legislatures controlled by Republicans, 19 are Democratic controlled and three are split.

Republicans have a “trifecta” – or control both chambers of the legislature and executive – in 22 states.

Newsom has been a strong, recent critic of DeSantis’ permitless carry law, recently pointing to the not-in-effect-yet measure in response to a shooting in Hollywood, Florida.

Newsom falsely argued that the permitless carry law gets rid of “background checks.”

“DeSantis signed a permit-less carry bill in April that removes requirements for: -background checks -instruction -training+oversight,” he said. “Until our leaders have the courage to stop bowing down to the NRA and enact common sense gun safety this kind of senseless violence will continue.”

While the law would not remove background checks or traditional “oversight” required for those legally acquiring a firearm in Florida, the referenced legislation, HB 543, signed in April, does not take place until this summer.

DeSantis press secretary Jeremy Redfern fired back, saying, “Hi Gavin, How does a law that doesn’t take effect until July 1st change this outcome?”

Under the law, any person carrying concealed without a license must abide by current laws that forbid carrying a concealed weapon or firearm in some locations, including schools, sporting events, and detention centers.