By: Frankely Ramirez
As gun violence and school shootings have been on the rise in recent years, gun control has been one of the most controversial topics in recent times. Though repealing the second amendment would be extremely hard, some governmental representatives have been trying to find a way to rewrite the amendment. Earlier this month, California’s governor, Gavin Newsom, called for a Constitutional convention for gun safety, making the state the first in the United States to do so.
https://www.sacbee.com/opinion/op-ed/article276228846.html
Photo by: Hector Amezcua
In the convention, Newsom hopes to add the Right to Safety Amendment, which he states would “Preserve the integrity of the Second Amendment, while enshrining in our Constitution common sense safety provisions that are supported overwhelmingly by the American people” . This new amendment would allow citizen's representatives to determine appropriate gun laws for their communities. It would include raising the minimum age to buy a gun from 18 to 21, mandating universal background checks, instituting a waiting period for all gun purchases, and banning the sale of assault weapons and other weapons of war to civilians.
Newsom’s choice of calling for a constitutional convention as well as his Right to Safety amendment has been backed up by data on California’s low rates of gun violence. California ranks 1st for gun safety in the United States, their gun death rate is 43% lower than the rest of the United States, and the state has cut its gun death rate in half since the 90s.
https://www.gov.ca.gov/2023/09/15/california-becomes-first-state-in-america-to-call-for-constitutional-convention-on-right-to-safety/
To have the theoretical future 28th amendment be considered to be ratified into the constitution, Newsom’s would first have to persuade two-thirds of legislatures across the nation to vote in favor of a constitutional convention. Scholars note that it would be hard to have the convention called, given that republicans control more than half of the state legislatures, which some have reduced gun restrictions in recent years and would never budge on limiting gun rights. Even if the convention was called, in order for an amendment to be ratified into the Constitution, three-fourths of the states would have to approve of it, which is undeniably another high bar to jump over.
Though fighting an uphill battle, California lawmakers have agreed to move forward with Newsom's request for a constitutional convention, but concerns the process itself could also result in other law changes nationwide. Constitutional conventions aren’t limited to one topic, and since the left are planning on altering the second amendment, legislatures from the right will inevitably bring up abortion rights, LGBTQ+ rights, and many other controversial and vulnerable rights to alter with. Even if somehow Newsom and his team are able to persuade legislatures or not, this is still a major step forward on restricting gun rights and protecting citizens against this epidemic that is hurting the United States as a whole; gun violence.
Sources:
https://www.kcra.com/article/california-committee-28th-amendment-convention/44942442
https://www.latimes.com/california/story/2023-09-14/lawmakers-pass-newsoms-call-for-u-s-constitutional-convention-on-gun-control
https://www.gov.ca.gov/2023/09/15/california-becomes-first-state-in-america-to-call-for-constitutional-convention-on-right-to-safety/
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