August 01, 2023
By Mark Chesnut
California Gov. Gavin Newsom’s recent proposal to bypass the Second Amendment by making a new, gun-ban-friendly 28th Amendment to the U.S. Constitution has come up against some staunch opposition, including most recently the Libertarian Party of California. Newsom’s proposed amendment would do several things, including raise the minimum age to purchase a firearm from 18 to 21, mandate so-called “universal” background checks, institute a “reasonable” waiting period for gun purchases, and ban civilian purchase and ownership of the common semi-auto firearms that he and other gun-ban advocates like to call “assault weapons.” Additionally, the amendment would affirm that Congress, states and local governments can enact additional “common-sense” gun safety regulations.
“Our ability to make a more perfect union is literally written into the Constitution,” Newsom said when announcing his scheme. “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 Second Amendment unchanged and respecting America’s gun-owning tradition.”
On July 24, the Libertarian Party of California introduced a resolution condemning Newsom’s plan to add the new amendment with the sole purpose of rescinding the natural rights embedded in the very fabric of our nation.
The resolution states: “Whereas the Libertarian Party of California condemns the addition of any Constitutional Amendment that is designed to infringe on life and liberty; and whereas the purpose of infringements upon civil liberties are undoubtedly precursors to future oppression and the degradation of human life; therefore, be it resolved that the Libertarian Party of California calls for the mass condemnation of Gavin Newsom’s proposed 28th Amendment; and be it further resolved that we support the abolition of all laws that infringe on the individual liberties of peaceful people.”
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Garrison Ham, San Diego County Libertarian Party and author of the resolution, said such a move is dangerous for everyone in the nation, not just those in California.
“It's kind of hard to realize how big of a deal this is,” Hamm said in an exclusive interview with Firearms News. “It’s a direct attack on civil liberties. It starts with the Second Amendment, then it goes to the First Amendment, then to the Fourth and Fifth amendments.
“So, it’s more than just about firearms. This guy is recklessly trying to change our entire legal system in order to facilitate failed policies that have endangered communities and have disenfranchised people. And it’s just so he can win political points to be president or a senator or whatever it is he’s looking to do next.”
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Ham said that many look at the proposed amendment as a publicity stunt that Newsom doesn’t really expect to get anywhere. But in the process of pushing the amendment, Newsom is further paving a trail to help reach his national political dreams.
“Many laws are getting struck down in the courts, some for like the second or third time, in the post-Bruen environment. So now he just wants to change the Constitution,” Ham said. “But honestly, I don’t really think he’s trying to change the Constitution. He likely knows it’s not going to pass Constitutional muster. If I had to guess, he’s probably just trying to raise money for a national campaign.”
“The unrelenting assault on our civil rights by Democrats and Republicans is failing in the courts,” Malagon said in a press release announcing the resolution. “Gov. Newsom knows that his policies are unconstitutional, so his last resort is to change the law. This is a hallmark of authoritarian leaders.”
About the Author Freelance writer and editor Mark Chesnut is the owner/editorial director at Red Setter Communications LLC. An avid hunter, shooter and political observer, he has been covering Second Amendment issues and politics on a near-daily basis for nearly 25 years.
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