One year after Gov. Gavin Newsom to place new restrictions on gun ownership, no other states have joined his campaign for a 28th amendment.
Even as Newsom continues to tout the effort 鈥� largely through that encourage people to sign a 鈥減etition鈥� and donate to his 鈥� it appears to have gained little traction outside of California. Legislative leaders in several other large states controlled by Democrats told CalMatters that calling for a constitutional convention to adopt the amendment has not come up for discussion among their caucuses.
Newsom spokesperson Nathan Click said the governor鈥檚 team focused this past year on laying the groundwork for the campaign, which they plan to reinvigorate in 2025, when most states will begin new legislative sessions. That has primarily involved getting the public invested through the online petition, which is effectively a way to expand the political action committee鈥檚 mailing list, and by training volunteers.
鈥淲e鈥檙e under no illusions of how hard it is to pass a constitutional amendment, so that鈥檚 why we鈥檝e focused on building this grassroots army to help these legislators,鈥� Click said. 鈥淚t鈥檚 not just a bill introduction. It鈥檚 a bill introduction, and people on the ground who are willing to fight.鈥�
But the lack of progress so far raises questions about whether Newsom is seriously pursuing the constitutional amendment, which he has acknowledged faces overwhelming hurdles to becoming law, or whether it鈥檚 merely savvy political messaging.
As California鈥檚 extensive gun control framework is increasingly dismantled in the courts , critics say the proposed amendment is Newsom鈥檚 attempt to refashion a losing issue into something supporters can rally behind while also keeping him on the national stage .
鈥淭hey鈥檝e come out of the closet. They鈥檝e showed their true intent. They want to eradicate the 2nd Amendment, period,鈥� said Alan Gottlieb, founder and executive vice president of the Second Amendment Foundation, which has repeatedly sued to overturn gun restrictions in California. 鈥淗e鈥檚 staking out this territory for Democratic primaries for running for the White House in the future. He鈥檚 trying to take that mantle so that other candidates can鈥檛 claim to be the most anti-gun candidate.鈥�
Putting gun control back 鈥榦n the map鈥�
California鈥檚 firearms laws are among the most stringent in the country and they鈥檝e only gotten stricter under Newsom, a who has signed dozens of bills regulating the sale, ownership and manufacturing of weapons since taking office in 2019.
But the Bruen decision by the Supreme Court in 2022, which overturned New York鈥檚 tough standard for who could carry a concealed gun in public and established a new historical basis for reviewing firearms laws, .
Following a barrage of litigation from gun rights groups, judges in the past two years have ruled unconstitutional California laws that , , , , and . Most of those decisions, some of which reversed previous rulings upholding the same laws, are being appealed by the state.
So on June 8, 2023, Newsom to work around the courts. His idea was to get the states to call a convention to add to the U.S. Constitution four firearms restrictions that are broadly popular in public polling: universal background checks for gun purchases, raising the federal minimum age for all buyers to 21, requiring an unspecified minimum waiting period between purchasing and taking possession of a gun, and banning the sale of assault weapons.
鈥淕overnor Newsom isn鈥檛 sitting idly by while rightwing judges dismantle our gun safety laws,鈥� Click said in a statement. 鈥淗e鈥檚 taking aggressive actions 鈥� defending our state鈥檚 first-in-class gun safety laws from judicial attacks while simultaneously fighting to pass a constitutional amendment to enshrine gun safety nationwide.鈥�
It鈥檚 a route that might be even more challenging than getting a bill through Congress these days. Two-thirds of state legislatures 鈥� 34 out of 50 鈥� must agree to convene the constitutional convention and then whatever text is proposed must be ratified by at least three-fourths of states, or 38, either through legislation or conventions. The last successful constitutional amendment was decades ago.
Despite concerns of the governor that calling a constitutional convention could open the door for Republican-led states to propose amendments with unrelated conservative priorities, the California Legislature dutifully got the ball rolling with a .
鈥淭his was supposed to put it on the map and keep it on the map,鈥� said Assemblymember , a Los Angeles Democrat who shepherded the resolution through the Assembly.
Democratic states not rushing to join California
Yet no other states have followed suit in the year since, including 19 where Democrats control both houses of the legislature.
Click noted that many of those states have part-time legislatures that will not reconvene until next year, after this November鈥檚 election. He said Newsom鈥檚 team has been working with legislators in other states to introduce resolutions in 2025, though he declined to provide any specifics.
鈥淕iven the nature, we鈥檙e not trying to tip off the opposition,鈥� he said.
Democratic-controlled states such as New York, Illinois, Michigan, Massachusetts and Hawaii did have sessions this year, however, without calling for a constitutional convention on gun control.
CalMatters contacted the offices of legislative leaders in those five states to ask whether their caucuses had considered Newsom鈥檚 plan. Many did not respond to numerous inquiries, but representatives for New York Assembly Speaker Carl Heastie, Illinois Senate President Don Harmon, Illinois House Speaker Emanuel Chris Welch and Michigan House Speaker Joe Tate said it had not come up for discussion and they were not aware of any outreach from Newsom鈥檚 team.
Recent developments in New York and Pennsylvania also illustrate the political challenges of pursuing the constitutional convention strategy 鈥� from both the left, where there is a longstanding distrust of the system, and the right, where most gun control policies are anathema to Republicans.
In March, the New York Legislature actually calling for constitutional conventions, going back as far as 1789, reflecting fears from progressive activists that such a process could be . Dozens of Republican-led states have previously passed resolutions seeking a constitutional convention to adopt a balanced budget amendment.
In Pennsylvania, the only state with divided partisan control of its legislature, a spokesperson for Democratic House Speaker Joanna McClinton said their caucus has prioritized gun safety legislation.
鈥淯nfortunately, our efforts have been blocked by the Republican-led state Senate, where two bipartisan gun safety bills have been stalled for over a year,鈥� Nicole Reigelman wrote in an email, 鈥渟o any consideration of a constitutional convention here would likely face a similar opposition from the Senate Republican majority.鈥�
Newsom continues to advertise his plan
National gun control advocacy groups have not jumped in to boost Newsom鈥檚 effort and appear to be maintaining their distance from the idea.
Despite often cheering the governor鈥檚 support for new gun control legislation and attending his signing ceremonies, none was quoted in a touting praise for the proposal, published by his office days after the campaign launched last year. and declined or did not respond to interview requests about how it fits into their strategy.
Newsom has nevertheless continued to encourage his followers to get involved with the campaign.
鈥淚f Congress and the courts will not take action to help make our communities safer from gun violence, then we 鈥� the people 鈥� must do it ourselves,鈥� he said in one recent directing people to sign his petition. 鈥淚t鈥檚 a small gesture that can have a big impact when lots and lots of us do it together.鈥�
More than a million people have signed up in the past year, Click said, and the campaign has trained more than 1,500 of them on how they can help in their states. They plan to train 10,000 volunteers by early 2025 when resolution introductions begin.
Gottlieb of the Second Amendment Foundation said Newsom鈥檚 proposal has accomplished more for opponents, who have used its a fundraising tool to mobilize gun owners, than it has for gun safety.
He was unsurprised that the call for a constitutional convention has not gained traction outside of California, especially in an election year, arguing that gun control is not as popular as other Democratic priorities such as abortion rights, particularly in rural areas and battleground states.
鈥淚 don鈥檛 think the gun control issue plays well for Democrats, but they just can鈥檛 let go of it,鈥� he said. 鈥淭hey鈥檙e like a dog with a bone in their mouth.鈥�
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