California Attorney Warns Gun Owners About Gavin Newsom's 28th Amendment

Published on June 10, 2023
Duration: 13:18

California Governor Gavin Newsom has proposed a "28th Amendment" to the Constitution, which would effectively expand gun control measures. The proposal aims to increase the minimum firearm acquisition age to 21, mandate universal background checks for all transfers, implement nationwide reasonable waiting periods, and ban "assault weapons." The speaker argues this is a reaction to the Supreme Court's Bruin decision, which has made many existing gun control laws vulnerable to being found unconstitutional. The proposed amendment would likely be hashed out in a constitutional convention, requiring a two-thirds vote in both houses of Congress or by state legislatures to initiate, followed by ratification by three-quarters of state legislatures.

Quick Summary

Governor Gavin Newsom has proposed a 28th Amendment to the Constitution, aiming to increase the firearm acquisition age to 21, mandate universal background checks, implement waiting periods, and ban 'assault weapons.' This initiative is viewed as a response to the Supreme Court's Bruin decision, which has challenged existing gun control laws. The proposal involves a constitutional convention, requiring significant legislative support for initiation and ratification.

Chapters

  1. 00:00Introduction: Newsom's 28th Amendment
  2. 00:37Context: Bruin Decision's Impact
  3. 01:30Newsom's Reaction to Bruin
  4. 02:36The Proposed 28th Amendment
  5. 03:27Key Proposals: Age, Background Checks, Waiting Periods
  6. 05:14Key Proposals: Assault Weapons Ban
  7. 06:46How a Constitutional Convention Works
  8. 08:34Path to a Convention: Congress vs. States
  9. 09:31Likelihood of Convention and Ratification
  10. 10:15Why Newsom is Proposing This
  11. 10:25Newsom's Presidential Ambitions
  12. 11:40Building Bona Fides for Presidency
  13. 12:00Media Attention and Political Strategy
  14. 12:32Direction of the Democratic Party
  15. 12:43Contact Information and Closing

Frequently Asked Questions

What is Gavin Newsom's proposed 28th Amendment?

Governor Gavin Newsom has proposed initiating a constitutional convention to develop a 28th Amendment. This amendment would aim to increase the minimum firearm acquisition age to 21, mandate universal background checks for all transfers, implement nationwide waiting periods, and ban 'assault weapons,' significantly expanding gun control.

How does the Bruin decision relate to Newsom's proposal?

The Bruin decision by the Supreme Court established a new constitutional test that has made many existing gun control statutes vulnerable to being found unconstitutional. Newsom's proposal is seen as a reaction to this, attempting to circumvent judicial review by amending the Constitution itself.

What are the key components of Newsom's proposed 28th Amendment?

The core elements include raising the minimum age to acquire a firearm from 18 to 21, requiring universal background checks for every firearm transfer, establishing nationwide 'reasonable' waiting periods, and banning firearms defined as 'assault weapons.'

What is the process for ratifying a constitutional amendment?

To initiate a constitutional convention, two-thirds of both the House and Senate must vote for it, or two-thirds of state legislatures must petition for it. Once an amendment is proposed by a convention, it must be ratified by three-quarters of the state legislatures to become part of the Constitution.

What is the speaker's assessment of the likelihood of Newsom's proposal succeeding?

The speaker believes the proposal is highly unlikely to succeed due to the current political climate and the strong Second Amendment protections in many states. They view it more as a political maneuver by Newsom to gain attention and support for potential presidential aspirations.

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