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Cornyn’s bipartisan gun deal fuels GOP backlash in runoff with Paxton
WASHINGTON – At a White House event showcasing the most significant gun-related measure in nearly 30 years, President Joe Biden singled out the bipartisan group of senators who helped pass it.
Among them was Sen. John Cornyn, the lead Republican negotiator on the post-Uvalde package that enhanced background checks for young buyers and boosted mental health funding.
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“I hope it doesn’t get you in trouble mentioning your name,” Biden said, looking at Cornyn and other lawmakers seated in front-row chairs on the South Lawn. “Thank you. It took courage.”
While Cornyn’s work in 2022 earned plaudits from Biden and others who called the law a long overdue first step in keeping guns from criminals and the mentally ill, it angered many conservative activists who said it undermined the Second Amendment.
That backlash has lingered over Cornyn’s reelection bid, as he tries to fend off a strong GOP primary challenge from Attorney General Ken Paxton.
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Despite the political risks, Cornyn stands by the gun law. “I am confident that we've saved lives as a result of this bill,” he said.
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Cornyn edged Paxton in the first round of voting, but neither reached the majority needed to avoid a May 26 runoff.
New TV spots are rolling out ahead of early voting that kicks off Monday, with both candidates emphasizing conservative credentials. The ad barrage highlights a race increasingly centered on loyalty to the party’s base voters.
The winner will face the Democratic nominee, state Rep. James Talarico of Austin, in November.
Gun law fallout
In November 2017, a gunman killed 26 people at First Baptist Church of Sutherland Springs, east of San Antonio. The shooting revealed flaws in the background check system known by the acronym NICS.
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Cornyn and Democratic Sen. Chris Murphy of Connecticut led the way on a “Fix NICS” bill to ensure criminal and mental health records were properly entered into the federal background check system. President Donald Trump signed it into law during his first term.
Even that relatively modest change drew complaints from gun rights activists, who faulted Cornyn for dealing with Democrats on it.
That kind of pushback carries weight in GOP primaries, with gun rights a defining issue for many voters, said University of Houston political science professor Brandon Rottinghaus.
Cornyn’s openness to working with Democrats likely appeals to some suburban Republicans but many base voters are more skeptical of bipartisan dealmaking, particularly on firearms, Rottinghaus said.
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It’s his “central vulnerability” in the race, Rottinghaus said, an “unwillingness to toe a more extremist Republican Party line on this.”
Cornyn’s approach to the gun law also reflects his longtime leadership in the Senate, where compromise is common but often unpopular with MAGA voters, Rottinghaus said.
Uvalde aftermath
Lawmakers had been stymied on sweeping changes to firearm regulations since Congress prohibited assault-style weapons in 1994. That ban expired after 10 years.
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In May 2022, an 18-year-old gunman armed with an AR-15-style rifle killed 19 young students and two teachers at Robb Elementary School in Uvalde.
As horrifying details of the massacre spread, public pressure mounted for lawmakers to act.
Senate GOP Leader Mitch McConnell turned to Cornyn as a trusted lieutenant to negotiate on Republicans’ behalf, while Murphy again took the lead for Democrats.
Cornyn vowed to keep the group focused on practical solutions to improve safety. He resisted efforts by Democrats to resurrect the assault weapons ban and tack on other aggressive gun limits.
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Still, Cornyn got a taste of the brewing anger among hard-line conservatives when he flew to Texas in the middle of negotiations to speak to the state GOP convention.
He was greeted with boos and heckling.
Cornyn’s home state GOP colleague Ted Cruz voted against the bill.
Rep. Tony Gonzales of San Antonio, who represented Uvalde, was the only House Republican from Texas to back the bill.
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Biden signed the legislation into law and praised the bipartisan effort at the ceremony Cornyn attended. At one point, Biden’s remarks were interrupted by a man who had lost a son in another school shooting.
The grieving father stood up and insisted more needed to be done. Biden and leading Democrats agreed and promised to keep pushing.
Cornyn said later he was struck by how much Democrats wanted in the bill that he had kept out and would continue opposing.
What changed
The law created new federal crimes for illegal gun trafficking and straw purchases, in which someone buys a gun for a person barred from owning one, according to the Justice Department.
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Cornyn’s office said that since the law took effect, prosecutors have filed hundreds of cases under those provisions.
The measure also expanded access to juvenile records during background checks for gun buyers under 21, extending review times for some young adults.
Some gun rights advocates say the added wait infringes on their rights while several law enforcement groups backed the legislation.
Cornyn said the changes were meant to keep guns away from individuals already barred from having them, arguing the system was not equipped to fully capture juvenile criminal or mental health records.
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Another major part of the law provided federal funding for states with red flag laws, which allow courts to temporarily remove firearms from people deemed a danger to themselves or others.
Opponents said such laws are a pathway to unwarranted gun confiscation.
Cornyn resisted Democratic proposals for a national red flag law.
He pushed to dedicate equal funding to states such as Texas that have rejected red flag laws so they could pursue other ways to confront potentially dangerous individuals.
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He also cited robust due process protections required in states adopting them.
Conservative fury
The group Texas Gun Rights urged Trump last year not to endorse Cornyn’s reelection. It said the senator’s support of Fix NICS improperly put many Americans into the background check system.
It also said the Uvalde-inspired law was used to justify “backdoor federal gun regulations, Red Flag-style gun confiscation grants.”
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Paxton repeatedly has criticized Cornyn over the gun legislation, saying he cut deals with Democrats that threatened Texans’ Second Amendment rights.
“While Cornyn was helping Democrats push the worst gun control bill in decades, I was fighting the Biden administration’s unconstitutional gun grabs,” Paxton said in a statement. “The people of Texas want a fighter who will defend their constitutional freedoms.”
A pro-Paxton super PAC recently released new ads, accusing Cornyn of abandoning conservative principles during his four terms in office.
The first item mentioned: the gun bill.
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Pushing back
Cornyn said critics have badly distorted the law.
“There's a consensus in the country that we don't want guns in the hands of people who are criminals or mentally ill,” he said.
The Combined Law Enforcement Associations of Texas endorsed Cornyn’s reelection, in part because of his work on the issue. It praised the law for including additional funding for law enforcement, schools and behavioral health services.
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The association “is thankful for Senator Cornyn’s work on this legislation and his continued support for Texas law enforcement,” CLEAT President Scott Leeton said.
Cornyn said the juvenile records provisions helped ensure people already barred from owning firearms were properly flagged in the background check system. Most checks, he said, still are completed in seconds.
“It was a pretty comprehensive bill but none of it impacted the Second Amendment rights of law-abiding citizens,” Cornyn said.
The law also included billions of dollars for mental health services and security in schools.
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Since its enactment, Texas has received at least $312.7 million in grant funding for school safety and mental health authorized by the law, according to Cornyn’s office.
“We made the single largest investment in community-based mental health care in the history of the country,” Cornyn said.
Inside the gun law
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The 2022 Bipartisan Safer Communities Act, passed after the Robb Elementary School shooting in Uvalde, became the most significant federal gun measure in decades. Key provisions included:
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Enhanced background checks for buyers under 21: The law gave authorities more opportunity to review juvenile criminal and mental health records before firearm purchases.
New gun trafficking crimes: It created federal offenses for illegal gun trafficking and straw purchases, in which someone buys a firearm for a prohibited person.
Funding tied to red flag laws: The law provided grants for state crisis intervention programs, including red flag laws that allow courts to temporarily remove firearms from dangerous individuals.
Dealer licensing changes: The law revised standards for who must register as a federally licensed gun dealer and conduct background checks.
Mental health and school safety funding: Billions of dollars were directed to community mental health care, school safety and crisis response programs.