Estimated reading time: 3 minutes
California Gov. Gavin Newsom has proposed a historic constitutional amendment this week. And by “historic” — one really means “draconian.”
Dubbed the 28th Amendment, this proposal seeks to enshrine stringent gun control measures into the U.S. Constitution.
Table of contents
Newsom’s Comments
“Our ability to make a more perfect union is literally written into the Constitution,” said Governor Gavin Newsom in a press release obtained by GunsAmerica.
“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,” he added.
NEW: I’m proposing the 28th Amendment to the United States Constitution to help end our nation’s gun violence crisis.
— Gavin Newsom (@GavinNewsom) June 8, 2023
The American people are sick of Congress’ inaction.
The 28th will enshrine 4 widely supported gun safety freedoms — while leaving the 2nd Amendment intact:
1)… pic.twitter.com/ZJ7fyfH0Cf
The 28th Amendment Would Enshrine the Following:
- Raising the federal minimum age to purchase a firearm from 18 to 21;
- Mandating universal background checks to prevent truly dangerous people from purchasing a gun that could be used in a crime;
- Instituting a reasonable waiting period for all gun purchases; and
- Barring civilian purchase of assault weapons that serve no other purpose than to kill as many people as possible in a short amount of time – weapons of war our nation’s founders never foresaw.
Furthermore, the 28th Amendment will confirm the ability of Congress, states, and local governments to implement further gun control.
For this amendment to pass, it requires a constitutional convention, a major event necessitating approval from 33 other states beyond California. Newsom plans to work with grassroots supporters and other leaders to push for similar resolutions in other states.
Newsom claims that California has a positive track record in gun safety and that it serves as a could a potential model for others to follow.
What Critics Are Saying
Fuck you. No.
— Firearms Policy Coalition (@gunpolicy) June 8, 2023
However, this ambitious proposal doesn’t come without its critics.
Mark Oliva, managing director of public affairs for the National Shooting Sports Foundation (NSSF), the firearms industry trade association, expressed strong disapproval in an email to GunsAmerica.
Oliva asserts that Newsom’s proposal seeks to shape the nation in the image of the governor’s vision of California – a vision many Californians are actively leaving behind.
Oliva deems Newsom’s proposal as revealing an autocratic inclination, fearing it could degrade Second Amendment rights into mere privileges distributed by government bureaucracies.
“We’ve seen the corruption, crime and chaos that Governor Newsom’s policies have brought to California,” wrote Oliva. “That’s hardly a vision for the rest of America and only underscores the foresight of the Founding Fathers when they understood our rights are granted to us by our Creator, not governments, and to raise such a high bar to amend the Constitution to protect Americans from politicians and their special-interest agendas hell-bent on erasing our rights.”
What Are Your Thoughts?
While it’s unlikely that Newsom succeeds in his quest to ratify the 28th Amendment, what are your thoughts of his ambitious effort?
Do you believe he is really serious or is this more of a strategic move to stay in the media spotlight, potentially paving the way for a 2024 presidential run?
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The Founding Fathers understood the importance and necessity for the 2nd Amendment for “We The People” that’s why they chose to word it in the manner they did! They had just finished fighting against the strongest Empire in the world at that time an Empire that was an Ocean away yet powerful enough to enslave the Colonies from such a great distance! That’s why the “Right To Bear Arm’s” is followed by “ Shall Not Be Infringed Upon” what part of that proclamation isn’t clear? As a GOD fearing man it’s knowing that I have the ability and the means to protect my family from harm as well as Honor the Oath I swore to uphold of “To Protect and Defend the Constitution Of These United States From All Enemies Foreign And Domestic” a task that is a lifetime commitment! Not since it was first written have the words of that Declaration needed to be more fully affirmed then in this day and age! May GOD have mercy upon our Nation and its citizens for allowing the destruction of our once great Nation by our own government and turning our backs on Him! Wake Up America it’s no longer a political fight it’s come down to Good Against Evil and Right Against Wrong!!!!
Another greasy used car salesman trying to pull a fast one, not today satan.
“…while leaving the 2nd Amendment unchanged…”
ROFLMAO! Subverting the 2nd A. is EXACTLY what he’s advocating for. Does he really think everyone is that stupid that they can’t see the obvious intent?
Article V of the Constitution provides two ways to propose amendments to the document. Amendments may be proposed either by the Congress, through a joint resolution passed by a two-thirds vote, or by a convention called by Congress in response to applications from two-thirds of the state legislatures.
Gavin Newsom has no standing to propose a Constitutional amendment. The guy is a flaming egotistical jackass!
Vampire
Any Amendment has to be ratified by the States. Right ? So this is DOA.
He is just playing up to a small group of people in his effort to get traction. He knows it would not happen.
People who write, support, vote for or sign into law any bill or amendment that subverts the Constitution belong in prison. when a politician writes a law violating the Constitution they are breaking the law and there should be consequences beyond the law being struck down. Gruesome belongs in prison along with Joke Biden and 99% of the democrat party.
We all agree that Gruesome is a dangerous libtard, however we must not forget that he is a DANGEROUS one, he has powerful ambitions and strong money backing not to mention his favorite aunt. His posturing is strictly for show, in most states like Arizona and Maryland with a $200 tax stamp you can own a “weapon of war” if you can afford one and afford to shoot it. The left is always talking about “universal” background checks, how would they be universal when private sales/transfers would still be private. There has been no definition of “assault rifle” because that would draw a line and divide the country not to mention that enterprising persons would find a way around the rules, ie bullet buttons, stripper feeds and rear pin releasers. Gun control is about control, not guns just as was Covid about seeing how far we can be pushed to comply not the disease, for example yesterday the mayor of LA was diagnosed with Covid, after 2 shots and boosters, but they controlled our lives and movements with draconian rules that made no sense. I also think that even if passed, which won’t happen, it would run afoul of current law, no you can’t buy a beer at 18, but you can be drafted and sent to war, his assault ban would probably run counter to Bruen and how has the 10 day wait “fixed” the crime in CA. He is the main reason I left California, plus taxes, power outages , crime and homelessness.
The end game of all communists like Newsom is to turn the God-given right of American citizens to keep and bear arms into a government-controlled privilege. To Newsom and his communist ilk, I say, “Molon Labe!”
California, and Gun Safety are words that cannot coexist in the same sentence!
Maybe this idiot should read the Constitution instead of rewriting it.
Governors do not submit Amendments to the US Constitution.
Tar and feather the greaser.
It’s terrible how people like Gavin Newsom push anti-gun legislation for the masses but still require armed protection for themselves. What hypocrites. Especially with with all the defund the police movements its more important than ever for responsible law bidding citizens to be able to protect themselves.
Newsom needs to take the paper that his idiotic amendment is written on, fold it until it is all sharp corners, and stuff it up his ass.
hair gel moron…he must be related to pelosi… nothing but morons in california to keep voting this ass back in !!!! thank god for florida !!!
Guns aren’t the problem…..politicians that favor the left are. Has he been to Frisco lately? Is it safe to hang out in LA at night? The 28th amendment should call the the resignation of ineffective and stupid elected officials right up to the White House?
Scum politicians will do what do what do what scum politicians will do. This man probably alternates the Bible and American flag for toilet paper. He is backed by globalist institutions to destroy as much of our country’s culture, freedoms, and prospective future as humanly possible. He among many, from both political parties are probably on the Chinese communist bank roll. What I find more scary is the dumb and ignorant masses that nod their heads in agreement whenever he speaks and will continually keep voting for the likes of him and his ilk.
Trying to make the entire country into California will never work. Thank God, too many states oppose something like this on that one point alone.
I just hope he comes for it in person.
I have a question, that maybe the moderator who reads my comment my weigh in on.
At what point do you think that the pretend pro-2nd community will take up the reason and authority linked to the original Constitution; Article I, Section 8, Clause 15 – “execute the Laws of the Union, suppress Insurrections, and repel Invasions”?
For those who know little to nothing of our law, and that would include all the lawyers in the pro-2nd sphere, that clause gives all power to the People, and at the same time prohibits the creation of so-called law enforcement agencies such as the FBI, DHS, ATF, etc.
This is particularly frustrating to me since it is in black and white, and has volumes of lawful support in code and court cases.
Care to weigh in?
No takers so far?
It might help if you list any well known Constitutional scholars that share your interpretations of the militia’s primary importance in the 2A.
I bet most people here agree with the view that the CIA, FBI, ATF, HUD, NSA, NIS et cetera are dangerous un-Constitutional power grabbers. Some people might also understand that the “Founding Fathers” (definition may vary) did NOT want a standing Army or a Central Bank (except Hamilton). Then again those same Americans had to acquiesce to the establishment of a Navy if the Republic was going to survive.
Maybe short term comprimises that were requirments for survival set the long term death sentence to the Republic.
I can. Dr. Edwin Vieira, Jr., has written numerous articles, and books on the subject. One could take up the challenge of his extensive “The Sword and Sovereignty”, which is over 2300 pages with several thousand footnotes on law and history related to the subject.
Then of course, most recently, there is Justice McReynolds who wrote the Miller decision, wherein he specifically states that the purpose of the 2nd amendment was to guarantee Article I, Section 8, Clauses 15&16 of the Constitution.
Then you could probably dig up the writings of Adams, Jefferson, both Federalist and Anti-Federalist on the Constitution, and a host of others. But the simplest way to look at it in regards to the unconstitutional law enforcement agencies is this: “Expressio unius est exclusio alterius”. When a law states a specific, such as the Constitution says it is the Militia that has the sole power “to execute the Laws of the Union…” there can be no other alternative.
The idea behind maintaining Militia was that the state could have no unauthorized power over the people, since the People hold the exclusive right to the “Sword.”
For the record, I’m not sure in this last 20 years, other than Dr. Vieira, anyone has written more on the subject than me.
I will try and see what I can find on Dr. Vieira and Justice McReynolds.
I happen to agree that the US not only has established dangerous “law enforcement agencies” but hierarchies within the CIA and the FBI, are now and have been for generations, defying legitimate authority. In the case of the CIA, I believe in fact that this agency is responsible for a list of crimes that are legion and the CIA’s power is unchecked, including at least on coup d’etat in the US.
I wonder if the many state militias of the US Civil War would have been considered Constitutional by someone like Thomas Jefferson. I had a GGGgrandfather who enlisted in the the 10th US Infantry “Regulars” in 1858. At that time, the US had to raise troop strength to keep the serious threat of the Mormans from claiming Utah and California etc. Many officers, who would later serve in the CSA, despised the Morman’s for the insurrection they attempted. What would Thomas Jefferson have thought of the “Regulars” and the Mormons? If he was President at the time, what would he have done? Hard to say.
I read where you commented on another article about the “Militia” comprising ‘all able bodied males.’ That’s fine, but I believe that all of the Bill of Rights reflects the rights of individuals first and foremost. If the primary purpose of the 2A is to establish a Militia, then the 2A is a collective right. If so, then do women enjoy 2A rights? Do disabled men enjoy 2A rights? How about disabled women veterans who served in the Air Force? It seems to me that the issue becomes really tricky and unsustainable when stressing the Militia as the primary importance of the 2A.
I think that you misunderstood because we’ve been fed this false narrative that militia was some voluntary entity. “Militia of the several States” is mandatory service for all able-bodied men capable of bearing arms. It was not a voluntary force, although those not required to serve could volunteer. For instance, during the revolution there were women who served their respective towns as militia. You could probably find your state statutes under Military Affairs, that will read something to the effect, “such other persons as may, upon their own application, be enlisted or commissioned therein.”
But the purpose, in this, was to give the People the recognized authority to have the power of a law enforcement institution above any agencies of government.
Unfortunately, I can’t remember the exact quote from, I think it may have been Tenche Coxe, who wrote are we to believe that we might turn our guns on ourselves?
So, you might ask yourself, as a member of the Lawful Militia, would you take away the right of your wife, your daughter, or Jenny down the street, to keep and bear arms? I think no, and you would have the constitutionally recognized authority to enforce the right no matter what law, or court decision intended to infringe the right.
“I think that you misunderstood because we’ve been fed this false narrative that militia was some voluntary entity. ”
I certainly understood that many hundreds of thousands were compelled to serve in State Militias during the USCW and bearing this fact in mind I did propose a question along those lines. Were these State Militias in the USCW in accordance with the US Constitution? Is the 2A protecting an individual right or a collective right?
It would get more difficult to fill the ranks during the USCW. Althought trained in a Military Academy, leaders like Hugh Judson Kilpatrick with the 2nd NY Cavalry Regiment sent men needlessly to their deaths or maybe worse. I understand that there were draft riots in NY during the USCW and this was not a all voluntary effort to serve by the “People.”. So is the 2A just a notice to all able bodied males that they must place their health and welfare into the hands of someone like Kilpatrick? If the State Militias of the CSA and US were NOT the Constitutional Militias then where were the true Miliitias at that time?
“So, you might ask yourself, as a member of the Lawful Militia, would you take away the right of your wife, your daughter, or Jenny down the street, to keep and bear arms? I think no, and you would have the constitutionally recognized authority to enforce the right no matter what law, or court decision intended to infringe the right.”
But what is the source of the “right” for the wife, daughter or Jenny to keep and bear arms?
Here’s a thought! Newsom is an idiot! Kawabunga man surfs up! So Newsom thinks instead of repealing the 2nd amendment it will be easier to get around the 2nd amendment and add a anti gun amendment to the constitution? Its the same process ether way Newsom you have been snorting to much coke. Your an IDIOT!
Newscum is a COMMUNIST Just like all dumbocrats. He can go and pack SAND.
It’s way past time to make killing tyrants popular again
FIX your house first! You are responsible for the F-bombing of California. your policies have not helped Californios, you have enabled and promoted crime to expound beyond reason, you have helped the illegal immigration operations to expand. Oh, here’s a clue: you remove or constrain your law enforcers you promote lawlessness.
Well, then I propose that America also ratify an Amendment that repeals the 16th, 17th and 23rd Amendments and expands the 22nd Amendment from just limiting Presidential terms to limiting the total number of years a person can spent in government service for ALL employees and politicians at all levels of government, state and federal, across all branches of government. Then include that all government employees and politicians are paid minimum wage and receive Medicare for health care.
If the 1st Amendment applies to Radio, TV and The Internet
and the 4th Amendment covers Electronic Wiretapping and Video Surveillance
then how can the 2nd Amendment only apply to 18th Century Firearms Technology?
WHere is the text of this imaginary amendment?
Newsom and all the anti SEMI-AUTOMATICS (WHICH ARE NOT ASSAULT WEAPONS) and the anti SECOND AMENDMENT just don’t know how to read! The Second Amendment is our God given right to keep and bear arms (which includes weapons of war – Just ask George Custer – I bet he wished he had taken the General’s offer of a battery of Gatling guns, as they were out gunned with their 1873 single shot Springfield long rifles compared to the Indians 1873 Winchesters, which the Army Ordnance deemed not reliable, before his defeat at Little Big Horn – June 25 & 26, 1876). They just don’t believe our Founding Fathers had the mindset to envision the future, well, they did and the proof is their written gift to the citizens of our Country – The United States Constitution!
And Don’t Tell me that they didn’t envision advancements in small arms, as they realized the value of the rifled barreled arms they got from the French during the Revolutionary War. They took the issue of envisioning technology to heart when they decided on the final draft of the Declaration of Independence, as the minutes of their arguments during their debate of Jefferson’s ANTI- SLAVERY (25% of his original DOI) put them at odds and the slave owner Colonies were at the point that they wanted to separate from the 13 original Colonies, but they all agreed they couldn’t fight the British without all being as one. Founding Father Thomas Jefferson, in his original draft of the Declaration, drafted a 168-word passage that condemned slavery as one of the many evils foisted upon the colonies by the British crown. In his initial draft, Jefferson blamed Britain’s King George for his role in creating and perpetuating the transatlantic slave trade—which he describes, in so many words, as a crime against humanity. Jefferson went on to call the institution of slavery “piratical warfare,” “execrable commerce” and an “assemblage of horrors.” So, there is no 1619 Project!
The removal was mostly fueled by political and economic expediencies. While the 13 colonies were already deeply divided on the issue of slavery, both the South and the North had financial stakes in perpetuating it. Southern plantations, a key engine of the colonial economy, needed free labor to produce tobacco, cotton and other cash crops for export back to Europe. Northern shipping merchants, who also played a role in that economy, remained dependent on the triangle trade between Europe, Africa and the Americas that included the traffic of enslaved Africans.
Decades later, in his autobiography, Jefferson primarily blamed two Southern states (GA & SC) for the clause’s removal, while acknowledging the North’s role as well.
Point! Our Founding Fathers were visionaries of advancement of technology, which included the citizens abilities to utilize arms to defend and defeat ANY entity from infringing on our rights and freedoms, to include US politicians like Newsom. Just remember no means to defend is DEFEAT.
Just my two cents. RBB
We will not comply.
This would become the next “shot heard around America.”
This proposal will create an all out war against established politicians ending in a Mussolini style elimination of said autocrats.
The Gov is obviously deranged. A study of Ukraine was not presented to him by his staff and close associates.
“… no other purpose than…” really? So he has no idea how many competitive events are involved, how many AR and other military style firearms are used for hunting (not necessarily big game, but small game and predator), etc. Once again, the evidence is that he is either grossly uninformed or deliberately misleading anyone who is listening to him, either of which gives him NO right to propose anything, especially something as important as a Constitutional amendment. And he is supposed to be “leading” a state? Must be a lot of sheeple voting there.
This is the same idiot that came to florida trying to tell us to move to commiefornia so we would have more freedom. Wait a democrat that lies–you’re kidding. (Sarcasm for those on the left too dumb to see it on their own)
If we could all only be like California! I’m going down to Walmart this morning and buy a tent. How do they hammer those pegs into the sidewalk anyhow?
It would appear to me that the 28th has been violated
countless times since its ratification . How many examples
can / must be provided to demonstrate “ laws for thee , not
for me “ ?
The man is clearly a” looney “ .
well mr old some if you want a dam civil war go ahead an try you will be the first to go
Given that about 12,000 constitutional amendments have been proposed since 1789, with only 27 adopted, and the procedural hurdles involved in the amendment ratification process, Hair Boy Newsom has a statistically better chance of bumping into Elvis and Lisa Marie in a Sacramento than he does of seeing his proposed amendment being added to the Constitution.
100% pure, unadulterated political theater. With that said, extremely dangerous political theater.
And precisely what would our little Kalifornia proto-dictator propose top do with the 1 BILLION firearms in circulation? Round them up? I doubt it.
This says it all right here “Furthermore, the 28th Amendment will confirm the ability of Congress, states, and local governments to implement further gun control.”
It would not be long until all guns are banned and confiscated.
It’s sad the direction this country is going. And it seems like it always starts in the ‘Republic of Kalifornistan’. The REALLY sad thing is, those folks out there had the opportunity to kick this idiot out of office, and didn’t do it. This is the representation they voted in and the ‘sheep’ are following their ‘sheepherder’, therefore I have absolutely no sympathy for those folks living on the ‘left’ coast whatsoever.
Kalifornia has some of the strictest gun laws in the country – and the most gun violence. As the old saying does, “an armed society, is a polite society”.
While you’re absolutely right, there are also some good folks out here too. I voted against him like many others did, but whether he manufactured votes, imported his “undocumented democrats”, or just win over the majority, my vote wasn’t enough. Maybe when I retire I’ll be able to leave this place. Until then, please don’t lump me and the many other right-minded Americans that live here into the same group as the dipshit in Sacramento.
It is true that there are Conservatives in California just like there are liberals in red states. Sometime it is just the ignorance of the majority of the population that gets a person like him elected. Other times it is just a fraudulent election, what gave us our present President.
Libtards gonna libtard
I still want to know what the game plan is after guns are banned from the law abiding? How are we going to be protected from criminals that still have guns? It’s nothing more than a way to get rid of the opposition party so they can take full communist control!
This is really sad because it seems very obvious that Gov. Gavin Newsom is using hard drugs, Possibly Crack Cocaine. I mean he would have to be to try and pass this off as some kind of Amendment to the Constitution. This is nothing more than a Idiotic Asinine way to try and circumvent the 2nd Amendment, But he says it leaves the 2nd Amendment intact. What a bunch of phony baloney. I would love to hear his explanation of how this will end our “Nations Gun Violence Crisis” as he calls it! And banning so called “Assault Weapons” which he calls Weapons of War. That statement which only continues to show how completely Ignorant Democrats are when it comes to talking about Firearms. It all sounds so deadly, so evil and dark to the general public but once again an AR15 SEMI AUTOMATIC rifle or pistol is not an Assault Weapon and is NOT used by the MILITARY. I really wish they would educate themselves before they shoot off their mouths. First off we don’t need more Gun Laws, They simply need to Enforce the Laws that we already have on the books and meter out severe Punishments. That and Institute more programs/laws for mentally ill Individuals who are the Person(s) committing the Greatest majority of the mass shooting Incidents we have in our Country. Certainly not the Law Abiding Tax Paying Citizens who are really the ones that will be affected by these half cocked lame brained Laws and Amendments that the Democrats keep trying to get passed to take our Firearms away so we have no way to defend our Families or ourselves from Bad Persons or a tyrannical Government who wants to control every aspect of our Lives.
Newsom is a dangerous sociopath and a menace to liberty.
What the founding fathers never foresaw was a class of permanent “representatives” who made their money strictly off of “working” for the government. As for prohibiting “private transfers”, he’s been hell bent on transferring money from taxpayers to himself and his projects…
No he’s worse than a nut. He has his sights on the WH and he is under the delusion the rest of the country is behind him. He thinks that the rest of the country can’t read or talk about what he has done to CA and his draconian laws. And with the mass exit from there that should be enough to tell anyone about how he is a nut.
Gov. Nuisance should be tarred and feathered and put on a plane to Russia. We don’t. Need leftists amending my constitution and trying to take my right to own, shoot, purchase, or carry as l see fit.
Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, two thirds of both Houses concurring that the following Article be proposed to the Legislature of the several States as an Amendment to the Constitution of the United States of America when ratified by three fourths of the said Legislatures to be valid to all intents and purposes as part of the said Constitution.
The rights of the people, irrespective of sex, ethnicity, or any age greater than the age to vote, to keep, carry, use, purchase, sell, transfer, import, transport, innovate on, communicate about, or to manufacture arms, their accessories, components, and munitions shall not be restrained by prejudice or by law, by regulation, by treaty, by extraordinary tax, by fee, by tariff, by executive order, by history, nor by any other contrivance or treachery by Federal, Territory, Protectorate, District, State or Commonwealth governments or any subdivision thereof.
It don’t work dat way, Guido.
If this is what Newsom calls “common sense” why hasn’t the California legislature voted to be part of the Convention Of States? Their history shows they want no part of the COS, therefore they will not be able to lead the charge for these draconian changes to our Constitution. Newsom needs a course in Constitution 101. He will find that our rights are given to us by the Creator, not the created. Refer to Patriot Academy and Rick Green.
He’s a nut
The Firearms Policy Coalition said it best: F’ you newsom! FJB. Si Vis Pacem Parabellum!
Yes, Newsom means it. It has taken him 15 years to do what he has done in California to gun owners and buyers with back door laws. Bullet Buttons, only 10 round magazines, no folding or collapsing stocks. What good has it done? Murderers will not and have not paid any attention to a law like these.
There are more guns in the USA than could be located and classified as assault weapons NOW, than could be taken and destroyed by our Military with only that gole in a 100 years. Law abiding Americans should not have a boot on their neck because of murderers intentions. Come up with a better plan Governor. This is Crap!
There needs to be a definition for assault weapon written into the amendment. Otherwise every clown is going to be going on and on about “what is an assault weapon?” even though we all kbow what an assault weapon is.
Until recently, BD’s preferred hobgoblin adjectives were “weapons of war.” But the world is a patient teacher and at one point not long ago, BD had an epiphany. One day, BD woke up and thought something along the lines that gee he/him ‘beloved 1911’s are in fact “weapons of war.”‘
So then BD had two drastically differant options. The first option required he/him put he/him money where he/him mouth was. So did BD turn all he/him 1911’s in? NOPE. Instead, BD opted for the second option and dropped the “weapons of war” from he/him list of preferred adjectives.
BD, just for fun, go ahead and come up with that definition of “assault weapons.” And if you wanna use Jay Bob’s criteria, .22lr is considered a high powered caliber.
That’s right, we all know what an assault weapon truly is, and it’s Not what you and your fellow he/him/it/whatever gun control jerks continuously say it is.