Republican senators get behind first federal gun control law since 1994 after mass shootings with backing for 'red flag' laws to seize guns from dangerous people

  • Growing number of Republican senators say they back bipartisan bill for nationwide 'red flag' laws to seize guns from people who are dangerous 
  • Donald Trump signaled support for the plan Monday in address to the nation after El Paso and Dayton shootings, which claimed 32 lives
  • Bill is by Lindsey Graham, the Republican close to Trump, and Democrat Richard  Blumenthal
  • In sign of fear among Republicans that mass shootings will harm them, Congressman Adam Kinzinger, proposed more sweeping restrictions 
  • Kinzinger said there should be universal background checks, a raise in the legal age to purchase a gun, and ban on high capacity magazines 
  • A major donor also warned the GOP needs to move toward gun reform so it doesn't lose the suburbs 
  • 'Republicans are headed for extinction in the suburbs if they don't distance themselves from the NRA,' Dan Eberhart said
  • Democrats have also been pushing for Senate Majority Leader Mitch McConnell to call a special session to vote on universal background check legislation

A bipartisan proposal to encourage states to adopt 'red flag' laws to take guns away from people believed to be a danger to themselves or others was gaining support among Congressional Republicans Tuesday.

The still-emerging plan would create a federal grant program to encourage states to implement the laws.

The measure would be the first major federal gun control law since the 1994 assault weapons ban, which expired in 2004.

But it will go nowhere near as far as Democrats are demanding, with Nancy Pelosi and Chuck Schumer demanding a Senate vote on a universal background checks bill which has already passed the House.

The 'red flag' laws already apply in at least 15 states and the District of Columbia, but the measure would make them likely to go nationwide.

The bipartisan proposal by Sens. Lindsey Graham, the Republican from South Carolina, and Richard Blumenthal, the Democrat from Connecticut, was gaining support among GOP senators Tuesday. 

Donald Trump appeared to voice support for such a measure Monday when he spoke at the White House - but there has been no indication from Senate Majority leader Mitch McConnell on how he will proceed. 

The alleged El Paso shooter, 21-year-old Patrick Crusius (pictured) gunned down those shopping in a Walmart and the alleged Dayton shooter was 24-year-old Connor Betts who was shot dead by police less than a minute after he opened fire

The alleged El Paso shooter, 21-year-old Patrick Crusius (pictured) gunned down those shopping in a Walmart and the alleged Dayton shooter was 24-year-old Connor Betts who was shot dead by police less than a minute after he opened fire

Bipartisan move: Republican Lindsey Graham, the Republican from South Carolina, and Richard Blumenthal, believe they can get 'red flag' laws passed - the first major federal gun control move since 1994
Bipartisan move: Republican Lindsey Graham, the Republican from South Carolina, and Richard Blumenthal, believe they can get 'red flag' laws passed - the first major federal gun control move since 1994

Bipartisan move: Republican Lindsey Graham, the Republican from South Carolina, and Richard Blumenthal, believe they can get 'red flag' laws passed - the first major federal gun control  move since 1994

Move on guns: The last significant federal gun control legislation was the 1994 assault weapons ban, which expired in 2004. Since then Democratic attempts at more controls have been rebuffed

Move on guns: The last significant federal gun control legislation was the 1994 assault weapons ban, which expired in 2004. Since then Democratic attempts at more controls have been rebuffed

Nearly all Senate Democrats support red flag laws, along with a growing number of Republicans, including Pennsylvania's Pat Toomey, Indiana's Mike Braun and Iowa's Chuck Grassley, a former Judiciary chairman.

Sen. Rob Portman, R-Ohio, told reporters Tuesday he is open to the proposal, noting that the alleged shooter in Dayton, Ohio, had so-called kill lists of intended targets. 

'Clearly people knew something was wrong with this guy, and yet nobody went to the proper authorities or the proper authorities didn't respond,' Portman said.

'RED FLAG' LAWS AND HOW THEY WORK

HOW DOES A RED FLAG LAW WORK?

In general, red flag or 'extreme risk protection order' laws allow courts to issue temporary orders barring someone from possessing guns based on some showing of imminent danger or a risk of misuse.

State laws vary, but most stipulate that only specific people - usually family or household members - may petition a court for an extreme risk protection order. 

In some cases, a preliminary order may be granted without prior notice to the person who is the subject of the order.

Such an order typically is brief, ranging from a few days to about three weeks. 

Once the person who is alleged to pose a risk of gun violence has been given an opportunity to respond, a more permanent order may be granted, typically for up to a year.

Importantly to Graham and other supporters, before an order can be entered, some factual showing must be made that the subject of the order poses a risk of using a firearm to harm themselves or others.

WHAT IS THE NEW  PROPOSAL?

Lindsey Graham and Richard Blumenthal are still developing the plan, but a similar bill proposed last year by Florida Sens. Marco Rubio and Bill Nelson essentially would pay states to implement red flag law programs. 

A bid last year by Graham and Blumenthal to let federal courts keep guns away from people who show warning signs of violence failed to generate political support.

Blumenthal called the failed effort to create a federal program a learning experience and said the new proposal would set a national standard that states must meet in order to be eligible for federal grants. 

He compared it to federal highway laws where grants are dependent on states setting speed limits or drunk-driving standards.

'If you have speed limits, you get the money,' he said, adding that the red flag law would operate on the same principle. 

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A red flag law may 'bridge this issue of the guns and the mental health issue, where you identify somebody who has a mental health history that might not be formally diagnosed, but that people know about,' he said.  

Many mass shootings 'involved individuals who showed signs of violent behavior that are either ignored or not followed up on,' said Graham, chairman of the powerful Senate Judiciary Committee.

'State red flag laws will provide the tools for law enforcement to do something about many of these situations before it's too late.'

In an interview Tuesday, Blumenthal said there's 'a growing wave of support on both sides of the aisle' for the red-flag plan - more momentum in fact 'than any other gun violence plan' being debated in Congress, including a proposal Blumenthal supports to require universal background checks for gun purchases.   

However McConnell, who has adopted the nickname the 'Grim Reaper' to celebrate his success at blocking Democratic bills, is widely considered the single biggest roadblock to changes in gun laws or any significant legislation in Congress.

The majority leader has not publicly indicated a position on red flag laws but said in a statement Monday that 'Senate Republicans are prepared to do our part' to address gun violence. 

He said he has spoken with Graham and other committee chairs and asked them to consider 'potential solutions to help protect our communities without infringing on Americans' constitutional rights.'

Congress passed a modest measure last year to shore up the federal background checks system and approved a grant program to prevent school violence - signs that action on gun violence is possible, McConnell said.

A National Rifle Association spokeswoman did not immediately respond to a request for comment.

In a statement, the group said it welcomes Trump's call 'to address the root causes of the horrific acts of violence that have occurred in our country. It has been the NRA's long-standing position that those who have been adjudicated as a danger to themselves or others should not have access to firearms and should be admitted for treatment.'

However the organization is now significantly weakened by infighting, allegations of financial impropriety and litigation against it by New York State's Democratic attorney general over whether it broke laws governing non-profits.

In a sign of concern in Republican ranks at the political impact of the weekend of mass shootings, Illinois Congressman Adam Kinzinger published an op/ed on Medium that demanded universal background checks and raising the legal age for those purchasing a gun to 21- and a ban on high-capacity magazines.

Connor Betts had two 100-round magazines when he opened fire in Dayton early Sunday morning.

Kinzinger said his proposal is offering a compromise between those who call for the total banning of firearms with those who advocate for loosening gun restrictions so the 'good guys with guns' can protect against 'bad guys with guns.'

'[T]hose of us not in those two mindsets are left feeling helpless, frustrated, and at a loss,' Kinzinger wrote. 'We have a gun violence epidemic, and to address it, we need to change some laws and change some hearts.'

He even argued that the background checks, while a 'slight inconvenience,' would 'not restrict the rights of those who are eligible to purchase.'

Republican Rep. Adam Kinzinger broke with the GOP Monday when he called for strengthening gun reform legislation

Republican Rep. Adam Kinzinger broke with the GOP Monday when he called for strengthening gun reform legislation

Dan Eberhart (left), an oil-and-gas executive who supports Donald Trump, warned the GOP could lose supports in the suburbs if they didn't embrace regulation. 'Republicans are headed for extinction in the suburbs if they don't distance themselves from the NRA,' he said

Dan Eberhart (left), an oil-and-gas executive who supports Donald Trump, warned the GOP could lose supports in the suburbs if they didn't embrace regulation. 'Republicans are headed for extinction in the suburbs if they don't distance themselves from the NRA,' he said

'The second change I'm calling for is more controversial, but too important to shy away from any longer: raising the age of gun purchase to 21,' Kinzinger continued.

He claimed current laws are especially dangerous in the case of schools shootings when a student or recent student can legally purchased weapon.

Kinzinger's post also details that he wants there to be a ban on certain high capacity magazines, 'like the 100-round drum the Dayton shooter used this weekend.' 

The two massacres over the weekend that claimed the lives of a combined 31 people in El Paso, Texas and Dayton, Ohio has caused even some Republicans to question tightening gun legislation.

Dan Eberhart a Republican donor and oil executive, says if the GOP doesn't embrace some sort of new perspective on the Second Amendment, it could risk losing moderate supporters between the city and country.

'Republicans are headed for extinction in the suburbs if they don't distance themselves from the NRA. The GOP needs to put forth solutions to help eradicate the gun violence epidemic,' Eberhart, who is a Trump donor, said, according to Bloomberg.

Kinzinger's departure from the party comes as two mass shootings rocked the country over the weekend in El Paso, Texas and Dayton, Ohio ¿ resulting in a combined 31 deaths and dozens others injured

Kinzinger's departure from the party comes as two mass shootings rocked the country over the weekend in El Paso, Texas and Dayton, Ohio – resulting in a combined 31 deaths and dozens others injured

Many are calling on Senate Majority Leader Mitch McConnell (pictured here with Dan Eberhart, right), to call the Senate back for a special session to vote on a universal background check bill that was already passed in the House

Many are calling on Senate Majority Leader Mitch McConnell (pictured here with Dan Eberhart, right), to call the Senate back for a special session to vote on a universal background check bill that was already passed in the House

Most Republicans oppose expanding background checks and banning assault rifles, but the oil and gas executive's perspective aligns with Kinzinger's new stance.

'The GOP needs to make several moves such as universal background checks, eliminating loopholes and banning military-style assault weapons to neutralize the issue,' Eberhart said. 'Otherwise, Republicans will lose suburban voters just like they did in the midterms on health care.'

In February, about a year after the deadliest high school shooting in U.S. history rattled Parkland, Florida, the Democrat-controlled House passed a universal background check bill. But Kinzinger was not one of the eight Republicans who voted to pass the legislation.

It has not yet been voted on in the Senate.

While Congress is out of session for the full month of August, several Democrat senators are calling for Senate Majority Leader Mitch McConnell to call them back in for a special session to vote on the bill. 

On Saturday 21-year-old gunman Patrick Crusius allegedly opened fire in an El Paso Walmart, killing 22 and injuring 24 others. Police say Crusius told them his goal was to kill as many Mexicans as possible, and his supposed online manifesto, which was posted 27 minutes before the shooting, seems to back up anti-immigration sentiments.

Just hours later, around 1:00 a.m. on Sunday morning, Connor Betts, 24, allegedly mulled down nine, including his sister, when he opened fire near a popular restaurant in Dayton. Betts was shot dead by police less than a minute after he began shooting. 

'As we look at the issue of gun violence, we know we cannot change what has happened, but we can work together to get a handle on this crisis moving forward without fully disrupting our constitutional rights,' Kinzinger wrote. 

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