The proposed Amendment aims to implement measures that have bipartisan support while respecting the Second Amendment and America's gun-owning tradition. Newsom's proposal comes after a series of victories for gun rights activists in federal courts, including the Supreme Court's decision last year to strike down a century-old New York law that made it difficult to obtain a license to carry a concealed handgun.
The proposed Amendment would raise the federal minimum age to purchase a firearm from 18 to 21, mandate universal background checks for all gun purchases, institute a waiting period for all gun purchases, and ban "assault weapons." It also affirms that Congress, states, and local governments can enact additional gun control measures.
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The Constitution can be amended by either Congress or a convention of states under Article V. While Congress may pass a proposed amendment with a two-thirds vote in both the House and Senate, sending it to the states for ratification, the current political climate makes it unlikely that a constitutional amendment restricting gun rights will have enough support to pass through Congress. Instead, Newsom calls for an Article V Convention of states to convene and draft his proposed Amendment.
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Two-thirds of the state legislatures must pass a resolution calling for such a convention before it can convene to consider an amendment to the Constitution. If such a convention adopts a proposed amendment, it returns to the state legislatures for ratification. Three-fourths of the states must ratify a proposed amendment for it to be added to the Constitution.
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Newsom said he would campaign to build grassroots support and lobby other state legislatures to move forward with an Article V convention. A news release from his office included supporting statements from California lawmakers in the state Assembly and Senate.
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"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. 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."
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