Republican Sen. Lindsey Graham of South Carolina and Democratic Sen. Richard Blumenthal of Connecticut are making progress as they work on details of the revised Red Flag legislation, which they both hope will gain enough support from the Republican Party to overcome , according to four people familiar with the discussions, who were not authorized to speak in public.
Graham and Blumenthal later confirmed in a statement to CBS News that their discussions were progressing.
In recent days, the two have had frequent telephone conversations and are working closely together to review the Red Flag bill they sponsored in 2019, with revisions they believe could allow such a revised proposal to win. broad support in the divided Senate, the four told CBS News.
At this stage, their updated proposal will focus on creating federal grants for states to create or strengthen red flag laws. The Red Flag law in most cases across the country allows law enforcement officials to temporarily seize firearms from individuals who are considered a threat to themselves or others if ordered to do so.
The remaining challenge for Graham and Blumenthal is to develop legislative language for due process and judicial review that does not deter cautious Republicans, while not seeming to soften their original bill too much or disappoint Democrats.
One person familiar with the discussions said Graham and Blumenthal were working on provisions that would be acceptable to both sides, especially as regards the timeline between a court order prompted by evidence of “extreme risk” and a hearing. The scope and type of evidence required are also discussed.
In the past, the National Rifle Association has not strongly opposed the Red Flag bill, but has largely opposed any new arms restrictions.
However, people said both men believe their efforts under the Red Flag laws and their early move towards consensus could be a major part of the eventual final product of the bipartisan arms talks led by Sen. Democrat Chris Murphy, of Connecticut, and Republican Sen. John Cornin of Texas.
The talks, led by Murphy and Cornin, began after a mass shooting at Rob Elementary School in Uwalde, Texas that killed 19 children and two adults.
“Lindsay and Richard understand each other and talk to outside groups about what they’re doing,” said one man. “They were on the phone all weekend and brought in a few people.”
A second person familiar with the discussions said that the “trust” between Graham and Blumenthal was useful, but did not signal that there was a consensus of 60 votes at the moment, whether it was red flag legislation or other areas. The man named Cornin as a key senator to oversee the Republican Party.
Graham and Cornin are widely seen by colleagues as major allies of Senate Minority Leader Mitch McConnell, a longtime Republican leader.
Currently, 19 states authorize a judge to confiscate firearms from anyone who poses an exceptional risk to others or to themselves. In Connecticut, for every 10 to 20 firearms removed, a life is saved, according to one study. There are at least 21 cases in California where a red flag law disarms people threatening mass shootings.
On Tuesday, Blumenthal declined to discuss the details or details of his discussions with Graham. But in a statement to CBS News, Blumenthal said: “Lindsay is working very hard and in good faith and we have made progress.”
Graham also declined to discuss his personal exchange with Blumenthal and others. But he confirmed progress.
Cornin and Murphy, plus Arizona Democratic Sen. Kirsten Cinema and Republican Sen. Tom Tillis of North Carolina met through Zoom to discuss potential gun legislation on Tuesday.
In a statement after the meeting, Cornin said: “Senators Murphy, Cinema, Tillis and I had a very constructive conversation about the best response to the horrific events in Uwalde last week. We asked our staff to continue working together to look at some of the details that we hope to discuss soon. ”
On Sunday, CBS News’ “Face the Nation” Murphy, whose state was massacred at Sandy Hook Elementary School a decade ago, said he knew Republicans would not support everything he did. But “red flag laws are on the table,” as are expanding past checks and other efforts such as the safe storage of weapons.
Red Banner laws have long been considered by proponents of gun law changes as the most viable option in deeply divided Washington.
“Red Flag laws reduce the risk of gun violence,” Dr. Celine Gonder, editor-in-chief of Kaiser Health News, told CBS News. “It may not work 100% of the time, but if you manage to save even some of these lives, it has a real impact.
Adriana Diaz, Alicia Hasty, Rebecca Kaplan, Catherine Watson and Andy Wolfe contributed.
School shooting in Uwald, Texas
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Robert Costa is CBS News chief election and campaign correspondent based in Washington, DC
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