Newsom proposes constitutional amendment to restrict access to guns

California Gov. Gavin Newsom (D) is proposing an amendment to the Constitution to implement four gun control measures he says have wide support across the country. 

Newsom’s office said in a Thursday release he is calling for enshrining four gun safety regulations into the Constitution — raising the minimum age to purchase firearms from 18 to 21, implementing universal background checks, instituting a “reasonable” waiting period for gun purchases and preventing civilians from buying “assault weapons.” 

He said these proposals will respect the country’s gun-owning tradition protected by the Second Amendment but create common-sense safety measures. 

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

Newsom told NBC’s “The Today Show” in an interview that the proposal is in response to laws that have been enacted to establish gun safety measures being rolled back by courts. 

The Supreme Court significantly expanded gun rights last year with its ruling that struck down a New York gun law that made obtaining a permit to carry a handgun outside the home more difficult. The majority found the Second Amendment protects an individual right to self-defense outside the home. 

The ruling gave other courts and judges new guidance and increased skepticism toward the constitutionality of gun regulations. 

Newsom said states would need to call for a convention for the amendment to be considered as a result of congressional inaction to continued gun violence and mass shootings. 

Article 5 of the Constitution states two-thirds of state legislatures could call for a convention to propose an amendment. If enough states call for the convention, three-quarters of the states would need to vote in favor of the amendment at the convention for it to go into effect. 

Newsom said the constituents of the states demand these measures, including those in states led by Republicans. He pointed to polling that shows widespread national approval of all the measures he has called for. 

The release states Newsom will work with supporters, elected and civic leaders and “broad and diverse coalitions” to push for resolutions on the amendment to be passed in other state legislatures. He said a joint resolution is being introduced on it by a state senator and assemblymember in California. 

“There’s not a parent out there, not one parent, you included, that doesn’t think about these things when you send your kids to school,” he said in the interview.