Gov. Walz suggests constitutional amendment to address gun violence

Gov. Walz reportedly suggests gun control amendment

Minnesota Governor Tim Walz has reportedly floated a constitutional amendment to address gun violence in the state.

(FOX 9) - According to a MinnPost report from its festival held over the weekend in Minneapolis, Governor Tim Walz proposed a new idea to address gun violence in Minnesota.

The report said Walz floated the idea of a constitutional amendment to ban the sale and possession of assault rifles in the state during comments given at MinnPost Festival.

However, a Minnesota constitutional law expert said getting an amendment adopted in the state is very difficult, especially now.

Taking it to the voters

What we know:

Minnesota Constitutional Law expert David Schultz explained what it would take to get an amendment on the ballot and said it is unlikely this would make it to that point. He said the divided Minnesota Legislature would make it a very tough task.

First, for a state constitutional amendment, it must pass both the House and the Senate by a majority. The governor does not have to sign it.

Then it gets sent to the voters.

A majority of all the voters in that election have to vote in favor of it to get adopted. A non-vote counts as a no vote.

The other side:

Minnesota House Speaker Rep. Lisa Demuth, R-Cold Spring, sent FOX 9 this statement in response.

"A constitutional amendment would still have to start as a bill in the Legislature, and that’s a conversation we can have when the governor calls a special session. As with all the other Democrat gun ban proposals, we still don’t have any public language proposed. All policy discussions will have to take place through the legislative process so Minnesotans can see what’s going on."

What they're saying:

Schultz said at this point, any legislation to ban assault weapons is unlikely to succeed.

"Neither the Democrats nor the Republicans have on a straight party-line vote enough votes to move any legislation, including a constitutional amendment. Unless something totally surprises me at this point, I don’t see any situation where the Republicans are going to vote in favor of a constitutional amendment," said Schultz.

Dig deeper:

The last time a controversial social amendment was taken to the voters was in 2012 to recognize marriage in the state as a union only between a man and woman. Republicans had majorities in the Legislature at the time, but voters rejected it.

Even if an assault weapons ban amendment became a part of the Minnesota Constitution, Schultz said it would face additional challenges.

"Given the very aggressive approach that the Supreme Court has taken towards protection of the Second Amendment, it’s not even clear that such a ban would necessarily survive a Constitutional challenge at the federal level," said Schultz.

What's next:

Governor Walz has said he plans to call a special session on gun control. No date has been set at this time.