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Democrats vow vote on gun background checks after Boulder shooting, but prospects seem dim

Texas Sen. Ted Cruz said that every time there is a mass shooting, the Senate engages in "ridiculous theater" about gun control measures

By Mary Clare Jalonick, Associated Press

WASHINGTON — Democrats say they are pushing toward a vote on expanded gun control measures as the nation reels from it its second mass shooting in a week. President Joe Biden said “we have to act,” but prospects for any major changes were dim, for now, in the closely divided Congress.

Senate Majority Leader Chuck Schumer vowed Tuesday morning to bring to the Senate floor legislation passed by the House that would require background checks for most gun sales and transfers. He said the Senate “must confront a devastating truth” after a lack of congressional action on the issue for almost three decades. 

“This Senate will be different,” said Schumer, D-N.Y., a day after a shooting at a crowded Boulder, Colorado, supermarket, killed 10 people, including a police officer. “The Senate is going to debate and address the epidemic of gun violence in this country.” 

While a Senate vote on new gun control would be the first in several years, Democrats do not have the votes to pass any significant reform. They are not even united themselves, as Sen. Joe Manchin, D-W.Va., told reporters Tuesday that he opposes the House legislation on background checks. 

The Senate Judiciary Committee was holding a hearing on proposals for gun control Tuesday. 

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It is unclear whether any of the bills up for consideration — most of them involving more restrictive background checks — would have made a difference in that case. A 21-year-old man charged with killing eight people in the Atlanta area last week had purchased a 9mm handgun hours before the murders, prompting advocates to push for longer waiting periods for purchases. 

In brief remarks responding to the shooting, Biden urged Congress to move quickly to close the loopholes in the background check system and also to ban assault weapons and high-capacity magazines — an effort that would be even more difficult to achieve politically. According to a police affidavit, the Colorado shooter had purchased an assault rifle just days earlier. 

“It should not be a partisan issue,” Biden said. “This is an American issue. It will save lives, American lives.” 

Connecticut Sen. Richard Blumenthal, who has aggressively pushed for expanded gun control since the 2012 shooting at Sandy Hook Elementary School that killed 20 children and six educators, expressed optimism about the chances for new laws with Biden in the White 

House and Democrats controlling the House and the Senate. He called it “the dawn of a new era.”

Reality is likely more complicated. Senate Democrats do not currently have deep enough support among Republicans to pass new gun control legislation in the 50-50 Senate, as they would need 60 votes to do so. While expanding background checks is generally popular with the American public, even with some conservatives, Congress has been unable to find a successful compromise on guns in decades, making it one of the most intractable issues in American politics.

The gun debate also highlights a larger difficulty for Senate Democrats as they try to move forward on gun legislation and other policy priorities of the Biden White House. With the filibuster in place, forcing a 60-vote threshold for most legislation, House-passed bills on issues like gun control and voting rights are effectively nonstarters unless Democrats secure significant GOP support.


Still, Democrats say they feel the environment around gun legislation is different now, especially since the last major push in 2013, when they tried to pass new laws after the horrific Sandy Hook shooting. They point to troubles at the National Rifle Association, the long-powerful advocacy group that poured tens of millions of dollars into electing Donald Trump in 2016. The organization has been weakened by infighting as well as legal tangles over its finances. 

“This is the moment to make our stand. NOW,” tweeted Connecticut Sen. Chris Murphy as details of the Colorado shooting emerged Monday evening. “Today, our movement is stronger than the gun lobby. They are weak. We are potent. Finally, a President and a Congress that supports gun reform.” 

Democrats are hoping there is a gradual political shift among voters as well. A Pew Research Center poll in September 2019 showed a wide majority of Americans, 88%, supported making private gun sales and sales at gun shows subject to background checks, which is what the House-passed bill would do. Ninety-three percent of Democrats and 82% of Republicans were in favor of the policy.

But change does not come easy in the Senate. Manchin and Republican Sen. Pat Toomey of Pennsylvania have worked together for years to find compromise on background checks but have yet to win passage on any of their proposals. 

Manchin said he opposes the House legislation, which would apply more broadly to gun sales and transfers in requiring background checks than the Manchin and Toomey proposals of the past. He did not say whether he would restart negotiations, only that “we’re going to try to do the responsible, reasonable thing.”

Toomey said he would like to find legislation that could pass, but “that probably would require something that’s a little bit different. So, we’ll see if we can figure out how to thread that needle.” 

Many in the GOP base are still strongly opposed to gun control of any kind. In Tuesday’s hearing, which was scheduled before the Colorado shooting, Republicans showed no signs of wavering. Texas Sen. Ted Cruz said that every time there is a shooting, the Senate engages in “ridiculous theater,” with Democrats proposing laws that he said could take guns away from law-abiding citizens. Republicans have argued that background checks would not stop most mass shootings and would prevent some lawful gun owners from purchasing firearms. 

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“We already know this pattern is predictable, over and over and over again,” Cruz said. 

The legislation passed by the House two weeks ago would close loopholes to ensure background checks are extended to private and online sales that often go undetected, including at gun shows. The legislation includes limited exceptions allowing some transfers of firearms that are gifts from family, that are to prevent imminent harm or that are for use at a target range, among others. 

A second bill would extend a review period for background checks from three to 10 days. Rep. Jim Clyburn, D-S.C., introduced the legislation after a shooter killed nine people at a Charleston, South Carolina, church in 2015. The FBI said afterward that a background check examiner never saw the shooter’s previous arrest report because the wrong arresting agency was listed in state criminal history records, and the gun dealer was legally permitted to complete the transaction after three days.

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Associated Press writers Lisa Mascaro, Hannah Fingerhut and Michael Balsamo contributed to this report.


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