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[00:00:04] thank you for being here I'm honored to [00:00:09] be here with my colleague Senator [00:00:11] Lindsey Graham of South Carolina to talk [00:00:13] about an important bipartisan [00:00:16] breakthrough in my view a major [00:00:21] promising development in seeking [00:00:24] effective action against gun violence [00:00:26] reaching across the aisle and developing [00:00:30] solutions that are common-sense preserve [00:00:33] due process and effectively save lives [00:00:38] we're happy to have not only bipartisan [00:00:42] support here in the Senate but also in [00:00:45] the house where an effort is being led [00:00:48] by congressman fred Upton and my [00:00:52] connecticut colleague Elizabeth Esty and [00:00:55] others along with them the house is [00:00:58] voting right now which is preventing [00:01:00] them from being here I'm still hopeful [00:01:03] that perhaps they'll be able to join us [00:01:04] but in any event we're gonna be working [00:01:07] together to make sure that this [00:01:09] legislation has a fair chance and is [00:01:13] adopted the Parkland shooting [00:01:17] illustrates why this law is important [00:01:21] there were plenty of warning signs that [00:01:24] Nicholas Cruz was a danger there were [00:01:28] people who obeyed the adage if you see [00:01:34] something say something [00:01:35] the FBI received tips so did low local [00:01:39] law enforcement that Nicholas Cruz was [00:01:43] in fact threatening to do violence with [00:01:47] guns they said something but nobody did [00:01:53] anything and the reason is that there [00:01:57] were lacking effective tools to prevent [00:02:00] that shooter from having or purchasing [00:02:04] firearms that were then used for the [00:02:06] mass slaughter that took place at [00:02:08] Stoneman Douglas High School [00:02:11] we need to ensure that when law [00:02:13] enforcement has solid evidence that [00:02:15] someone is in crisis that they are a [00:02:18] danger to themselves or others there is [00:02:24] a process for protecting them and the [00:02:26] public that may be at risk and that's [00:02:32] why Senator Graham and I are here today [00:02:33] to establish legislation that would [00:02:36] create a federal risk protection order [00:02:40] in effect a red flag [00:02:41] for a federal court to issue an order [00:02:46] that denies a person the ability to [00:02:53] purchase or have weapons that may be [00:02:56] used to harm himself or others in that [00:03:02] way law enforcement and family members [00:03:04] can save lives and prevent injuries our [00:03:10] bill is narrowly tailored to deal with [00:03:13] people who demonstrate solid factual [00:03:17] evidence that they are in fact dangerous [00:03:20] it provides due process insofar as the [00:03:23] initial order must be based on such [00:03:26] evidence and it lasts for only 72 hours [00:03:29] people have a right to challenge the [00:03:34] initial order and they have a right as [00:03:39] well to seek mental health care in fact [00:03:45] the Connecticut experience is really [00:03:48] powerful the Connecticut law on average [00:03:53] results in about 100 to 150 people every [00:03:57] year not having weapons but it also [00:04:02] means that they are able to receive [00:04:07] mental health care in more than half the [00:04:08] cases so it is a way of making sure that [00:04:13] people who need mental health care are [00:04:15] atleast afforded the opportunity the [00:04:17] model for this law is Indiana and [00:04:22] the experience of Indiana shows as well [00:04:25] that this law works to save lives and [00:04:29] let me just conclude by saying we know [00:04:32] these laws work we know that federal [00:04:38] magistrates or judges can effectively [00:04:41] perform this function the amount of work [00:04:46] for those federal judicial officers will [00:04:49] be limited in scope and magnitude there [00:04:53] will be no excessive burden on them and [00:04:55] we know that states with the strongest [00:04:57] laws like Connecticut are at the mercy [00:05:01] of states with the weakest ones because [00:05:04] guns and shooters cross borders there's [00:05:08] nothing to prevent them from going from [00:05:11] one state to another and that's why a [00:05:13] federal solution is important a federal [00:05:20] protection risk order or red flag will [00:05:24] help save lives well I want to thank [00:05:28] senator Blumenthal for working with us [00:05:30] to find a a product that I think makes a [00:05:33] lot of sense to me [00:05:34] we tell our citizens if you see [00:05:36] something say something in it incumbent [00:05:40] upon the government to do something so I [00:05:43] think most Americans are telling us why [00:05:45] can't you do something so mentally [00:05:48] unstable people and with access to [00:05:51] firearms is a national problem it's not [00:05:53] a state problem we see it all over the [00:05:55] country [00:05:56] Dylan Ruth did not go to a schoolhouse [00:05:59] in with the mother Emanuel Church and he [00:06:01] killed nine parishioners what have I [00:06:05] learned from the Parkland episode that [00:06:08] the system failed at multiple levels and [00:06:12] I'm trying to work with senator [00:06:14] Blumenthal and others to address what I [00:06:16] think would have been the biggest change [00:06:18] of all giving tools to the community and [00:06:21] law enforcement officials to identify [00:06:23] this shooter before he shot he did [00:06:26] everything but take an ad out in the [00:06:28] paper I'm going to kill people thirty [00:06:30] visits by the local police to this [00:06:33] individual and nothing happened [00:06:35] until yesterday there was no law in [00:06:38] place in Florida [00:06:39] the FBI was told he's going to shoot the [00:06:43] place up nobody did anything my hope is [00:06:48] that these 17 young people will not have [00:06:50] died and think that there will be in [00:06:52] place in every state not five states the [00:06:55] ability of law enforcement organizations [00:06:59] and family members to go to the courts [00:07:02] to get help before it's too late and the [00:07:05] burdens here are real I own an ar-15 I [00:07:09] did not focus on the gun [00:07:11] we've got differences about that to me [00:07:14] he was going to kill no matter what he [00:07:18] just chose the ar-15 wouldn't it be nice [00:07:21] if somebody could have grabbed this man [00:07:25] and said what are you up to and taken [00:07:29] every gun he had away from me and every [00:07:31] other device that could kill somebody [00:07:33] and get him some help [00:07:35] before it was too late so after 30 [00:07:38] visits by the local police after the FBI [00:07:41] was informed on a tip line nothing [00:07:44] happened because there was no system in [00:07:47] place if this becomes law every state [00:07:51] will have an opportunity to go to a [00:07:53] federal judge or magistrate and inform [00:07:56] them that this person is about to blow [00:07:59] and you got to prove initially by [00:08:05] probable cause standard in the law [00:08:07] enough to issue a warrant that the [00:08:10] person needs a restraining order and [00:08:12] after 72 hours a hearing will be [00:08:16] available where the person can defend [00:08:18] themselves saying they got it wrong and [00:08:20] to continue the order you have to prove [00:08:23] by clear and convincing evidence that [00:08:26] the person is a danger to themselves or [00:08:28] others [00:08:29] so this is not about losing your gun [00:08:31] rights easily this is about intervening [00:08:36] at a time it would matter I'm not [00:08:39] worried about this law affecting me as [00:08:42] an ar-15 owner at all somebody says I'm [00:08:47] crazy maybe the best evidence of all is [00:08:48] I'm in Congress [00:08:49] I am not worried about lawful gun owners [00:08:53] they'll be fine [00:08:55] what I am worried about is a system they [00:08:58] can't detect the cruises in the routes [00:09:01] of the world and do something about it [00:09:04] it would be great if 50 states had 50 [00:09:08] different ways of doing this that would [00:09:10] be fine with me right now there's a huge [00:09:12] gap in our law and I feel compelled [00:09:15] after all this violence to do something [00:09:19] that makes sense it makes sense to me to [00:09:22] empower our judiciary with the ability [00:09:24] to do something before it's too late [00:09:29] consistent with due process consistent [00:09:32] with constitutional rights of lawful gun [00:09:34] owners and I would say to my colleagues [00:09:37] if you don't like this fine what are you [00:09:41] for because doing nothing does not serve [00:09:45] this country [00:10:02] [Music] [00:10:06] well great question the question is what [00:10:11] kind of evidence but it's also what kind [00:10:14] of process both are important and the [00:10:18] kind of evidence would be exactly the [00:10:19] kind of evidence that was apparent in [00:10:22] parkland those threats the kinds of very [00:10:28] explicit warnings direct evidence of [00:10:33] what the individual may be saying [00:10:36] evidence of the shooting animals as was [00:10:41] apparent in parkland is a classic piece [00:10:45] of evidence that indicates dangerousness [00:10:48] there there are indicia law enforcement [00:10:52] experts and others can point to indicia [00:10:58] of dangerousness but I think as [00:11:00] important is the kind of evidence and [00:11:03] the specific facts is the standard that [00:11:07] standard of clear and convincing [00:11:08] evidence is tougher than any state [00:11:11] statute the set of steps that are [00:11:16] guaranteed is stronger than for example [00:11:18] the Indiana statute which was passed [00:11:22] overwhelmingly by the legislature and [00:11:25] then signed by a Republican governor so [00:11:29] this is a pretty tight process and then [00:11:33] even when the the permanent in quotes [00:11:37] permanent order is issued its permanent [00:11:39] only for 180 days and then the burden is [00:11:42] on the petitioner whether it's law [00:11:46] enforcement family to come forward with [00:11:48] more evidence so when if people say I'm [00:11:53] losing gun rights they're not losing [00:11:55] rights they continue to have that right [00:11:57] all the way along to retrieve the guns [00:12:01] and to have the order vacated at any [00:12:04] point in those 180 days can I just give [00:12:09] you some details here probable cause is [00:12:12] the initial standard the same thing [00:12:14] you'd have to do to get an arrest [00:12:15] warrant or a search warrant so sir from [00:12:18] standard even though this is not a [00:12:20] criminal action and you got to prove [00:12:22] there's a risk of eminent personal [00:12:24] injury to the person himself or herself [00:12:27] or others so that's the standard you'd [00:12:30] have to prove to a federal judge or [00:12:32] magistrate that the threat is imminent [00:12:34] the person's either will kill themselves [00:12:36] or use a gun to commit a violent act [00:12:41] against others there is a right under [00:12:44] the Constitution for all of us to be [00:12:46] protected against people who are [00:12:48] dangerous [00:12:49] that that that to me is you got to [00:12:52] balance everything so I think we struck [00:12:54] the right balance there are five states [00:12:56] with laws like this and I'll say two [00:12:59] dicks credit we erred on the side of [00:13:01] more due process not less because none [00:13:04] of us want somebody in being a domestic [00:13:06] argument and you know spouses say bad [00:13:09] things about each other this is this is [00:13:11] a real burden here [00:13:23] and when they were asked why I cook bars [00:13:24] I do what you're proposing today the [00:13:26] groovio of a sentence I didn't believe [00:13:28] that would be this you know I talked to [00:13:34] senator Rubio this morning and you know [00:13:40] I think he may have made the point that [00:13:46] this law will be more difficult than [00:13:49] their proposal which provides only vague [00:13:52] incentives for the state stag [00:13:55] in my view the most powerful incentive [00:13:57] for the state stag is an aroused and [00:14:01] outraged public the young people [00:14:04] marching in the streets carrying signs [00:14:07] that say our blood your hands are more [00:14:12] powerful than the minimum grants that [00:14:15] would be provided under it that law but [00:14:17] we will be advancing a measure that will [00:14:23] provide even more incentives for states [00:14:26] to act we want the states to act this [00:14:30] measure provides a federal gap-filling [00:14:34] law a safety net we have a national [00:14:38] obligation to protect people and the [00:14:41] federal courts have an obligation to do [00:14:46] their job as well in protecting people [00:14:50] from truly dangerous people that can be [00:14:53] identified beforehand prevention here is [00:14:56] the key word so I will support a state [00:15:01] incentive program but we're just not [00:15:03] gonna write checks unless there's [00:15:05] something meaningful done I think most [00:15:07] Americans believe that there should have [00:15:10] been system in place to do something [00:15:12] about Nicholas Cruz before he went into [00:15:14] the school given all the information all [00:15:16] I can tell the country is that we're [00:15:18] giving you that venue if there's a [00:15:21] better way to do it fine I am NOT [00:15:23] against their idea I am for this idea if [00:15:26] this idea doesn't get enough votes then [00:15:28] we'll come up with something that will [00:15:30] give a venue to pee [00:15:32] able to stop the Nicholas cruises of the [00:15:34] future you know I don't know what [00:15:58] Mitch's game plan is in terms of how we [00:16:00] deal with this or have a hearing next [00:16:02] week that's a good thing and I think [00:16:04] every you know find a Democrat and [00:16:06] Republican come up with an idea ideas [00:16:08] are a good thing I think the president's [00:16:11] key here I think the president's got to [00:16:13] tell us what he wants [00:16:15] urged the majority leader and the [00:16:17] Speaker of the House to take up an [00:16:18] agenda that can be added to but I would [00:16:21] urge the president you did a very good [00:16:23] job in that meeting the White House [00:16:26] you know if they came out with a [00:16:27] proposal that would I think that would [00:16:29] jumpstart the process yeah I just want [00:16:31] to say the president as you may recall [00:16:33] actually spoke favorably of this kind of [00:16:36] proposal they did he's referred to he [00:16:39] referred to a red flag law here we have [00:16:42] a red flag law mr. president where are [00:16:46] you I talked to Mike and I learned a lot [00:16:55] it happened before he was governor had [00:16:57] what there's a reason for every law for [00:16:59] the most part a man was released from [00:17:02] the mental health institution in Indiana [00:17:04] there was no system to deny him the [00:17:08] ability to purchase a weapon they didn't [00:17:09] get into the background system and he [00:17:12] went out got a gun and killed some cops [00:17:14] literally overnight they passed a law [00:17:16] allowing a judge with the appropriate [00:17:20] legal standard to deny somebody he was [00:17:22] mentally unstable from having a weapon [00:17:24] Curtis Hill the Attorney General of [00:17:27] Indiana suggested that we look at their [00:17:30] law [00:17:31] I did the president suggested that we [00:17:34] come up with some type intervention [00:17:36] system and we're giving due process [00:17:38] before during and after so this is I [00:17:42] think very constitutionally compliant so [00:17:44] I don't know where the vice president [00:17:46] doesn't will be but it seems to have [00:17:47] worked in Indiana saying about president [00:17:51] Trump's role in this and if you could [00:17:54] address a little bit of how difficult it [00:17:56] is to get on this or tariffs or [00:17:58] immigration or any of these other issues [00:18:00] to get the president nailed down to make [00:18:02] it easier for you and Congress to move [00:18:03] forward well I want to just tell the [00:18:06] president that the hearing he had are [00:18:08] that the meeting he had was was good I [00:18:10] think the the country wants their [00:18:12] president to address problems that our [00:18:14] nation faces as a whole so he brought in [00:18:17] Republicans and Democrats and had a very [00:18:19] in-depth discussion that made everybody [00:18:22] nervous somewhere along the line that's [00:18:24] fine with me I'm just trying to meet the [00:18:28] challenge I mean the president said do [00:18:29] something you know give me some ideas he [00:18:32] mentioned a restraining order process [00:18:35] his vice president in the state of [00:18:38] Indiana they have something that I think [00:18:41] makes a lot of sense I just want to have [00:18:43] a venue right now that doesn't exist in [00:18:47] 45 states to interdict the next Nicholas [00:18:50] Cruz as to the president tell us what [00:18:53] your for do you like this you don't like [00:18:56] this if you don't like it tell us why [00:18:58] I'm open-minded to changing it no pride [00:19:00] of authorship here but I'm 62 years old [00:19:04] I've been a prosecutor I'm a defense [00:19:06] attorney I am tired of going home and [00:19:08] telling people we just can't do anything [00:19:11] and the most common thing if you're out [00:19:14] there in Connecticut [00:19:16] the most common thing people say to us [00:19:19] is why can't you stop these people from [00:19:23] having guns you know however you refer [00:19:28] to them deeply troubled or something [00:19:33] more dramatic why can't you stop these [00:19:36] people from having guns and that's a [00:19:41] legitimate question for the American [00:19:42] people to ask of the federal government [00:19:45] and what we're saying here is a federal [00:19:48] judicial officer ought to be empowered [00:19:52] to prevent truly dangerous people [00:19:56] imminent risk people in crisis not just [00:20:00] oh he's acting strange no he's beating [00:20:03] his wife and he's got an arsenal of guns [00:20:06] in his house that's the most frequent [00:20:08] occurrence by the way in Connecticut [00:20:10] when it's been used situation you've put [00:20:15] law enforcement officers in to send them [00:20:17] to the homes of what you just described [00:20:18] as truly dangerous people with Arsenal's [00:20:20] full of guns in crisis to take their [00:20:23] guns away I am very worried and I don't [00:20:26] know whether you were you saw any of the [00:20:29] testimony yesterday at our roundtable by [00:20:32] the chief of police for Prince George's [00:20:34] County he recently lost one of his men [00:20:37] because they went to a domestic dispute [00:20:39] police have to go to domestic disputes [00:20:42] now where there are Arsenal's of weapons [00:20:45] trying to intervene to enforce the law [00:20:52] this kind of measure will help save [00:20:55] their lives too I worry about them in [00:20:57] these types of situations but the best [00:21:00] way to protect them is to give them the [00:21:02] power to seek orders that remove these [00:21:06] weapons when they pose a real risk to [00:21:09] relatives family and to law enforcement [00:21:12] can I just answer that more directly I [00:21:15] think most cops would rather take the [00:21:17] bullet than a kid see the one thing I [00:21:20] like about cops the most is that they do [00:21:23] things to put themselves in danger so [00:21:25] the rest of us can sleep well at night [00:21:27] walking up to a car in a dart salute [00:21:30] secluded Road in Connecticut or South [00:21:33] Carolina and mill the night not knowing [00:21:34] who's in the car is a very dangerous [00:21:36] thing executing a restraining order [00:21:39] that a judge found probable cause the [00:21:41] person may kill themselves or somebody [00:21:43] else is a dangerous endeavor but police [00:21:46] officers accept that danger here's what [00:21:49] I think I think most police officers in [00:21:52] the country would welcome the chance to [00:21:54] go intervene before a lot of people are [00:21:56] killed [00:22:11] extremely relevant I want to look at [00:22:13] everything [00:22:14] I compliment the president for looking [00:22:16] at the cultural aspects of this but the [00:22:19] first amendment exists I don't know how [00:22:22] far you can go in banning a video I [00:22:25] don't know how far you go in banning a [00:22:27] movie what books you should read that [00:22:31] incite violence the First Amendment is [00:22:33] real but it has limitations so the one [00:22:36] of the reasons I'm with the CDC to look [00:22:38] at the route of gun violence is to find [00:22:40] out what drives all this how much of it [00:22:43] is mental health [00:22:44] how much is cultural how much of it is [00:22:48] the tight gun so I compliment the [00:22:52] president for looking at the violent [00:22:54] nature of some of the videos and movies [00:22:57] that are out there but I caution the [00:22:59] American people just as Second Amendment [00:23:01] people believe they have a [00:23:02] constitutional right they do there's [00:23:04] also a First Amendment right so there's [00:23:07] limits to what the government can do the [00:23:09] Second Amendment in the First Amendment [00:23:10] but here's what we can't do any longer [00:23:12] nothing nothing is not acceptable [00:23:16] nothing is unacceptable but I want to be [00:23:18] very clear we're not taking people's [00:23:21] guns away just because they play violent [00:23:25] video games we're not taking people's [00:23:27] guns away in fact for any non objective [00:23:33] reason we're not really taking people's [00:23:35] guns away we're preventing them from [00:23:38] having them or buying them and you know [00:23:43] to go to the point about presidential [00:23:45] leadership there is the temptation to [00:23:50] say oh well that meeting dad the White [00:23:52] House was just a reality show nothing [00:23:55] will come of it a lot of rhetoric words [00:23:58] now is the time for the president to [00:24:00] demonstrate there will be action by [00:24:03] approving a measure like this one and [00:24:05] others that effectively do something not [00:24:10] for show but for real effect [00:24:12] you brought up the next bill I'm working [00:24:14] on his social media now we tell the [00:24:17] social media to shut down jihadist [00:24:19] websites because terrorism they recruit [00:24:22] on the Internet [00:24:23] what about a social media's obligation [00:24:26] to report the police a threat now [00:24:29] they've got to know about it but I want [00:24:32] to look at everything so this guy is [00:24:33] posting on his Facebook page I'm gonna [00:24:36] go down there and kill everybody there's [00:24:38] some obligation I think to the social [00:24:40] media world to be part of the solution [00:24:42] too and we'll come back and announce [00:24:44] that together I'm not going to go into [00:24:55] my election saying I didn't do something [00:24:56] to the politicians who believe that [00:24:59] you're going to be rewarded for putting [00:25:01] on this I think you're making a huge [00:25:02] mistake to the politicians who overreach [00:25:05] I think you're making a huge mistake [00:25:07] senator Blumenthal and I come from very [00:25:09] different states when it comes to the [00:25:11] gun culture we own 90% of the time on [00:25:14] the opposite sides of each other when it [00:25:16] comes to what to do about gun violence [00:25:18] and we found commonality here and I [00:25:22] think most Americans would appreciate us [00:25:24] doing something about the most obvious [00:25:27] problem in the partland shooting why [00:25:31] didn't you do something before he went [00:25:34] into the school given all the [00:25:36] information you had that he was going to [00:25:38] blow up he literally did everything but [00:25:40] take an ad out in the paper you don't [00:25:42] lose your gun rights under this bill [00:25:44] unless a judge is convinced in two [00:25:47] separate occasions by relatively strong [00:25:50] legal standards your danger to yourself [00:25:52] or others suicides have gone down in [00:25:55] states with these laws cost the most [00:25:58] likely victim of somebody who's mentally [00:26:00] unstable is themselves but in this case [00:26:03] you saw it was not just limited to him [00:26:05] it was limited to 17 people going to [00:26:07] school we just don't floor two did it [00:26:09] okay Florida did it Florida's got a [00:26:12] version of this congratulations to [00:26:14] Florida but there's a gap in our law and [00:26:16] I want to fill it thank you very much [00:26:17] thanks everyone [00:26:26] [Music]