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Sens. Henry Marsh (right) and Creigh Deeds talk about bill.
Steve Helber/

Josh Horwitz, of the Virginia Center for Public Safety (front, left), talks with Virginia State Police Superintendent Steven Flaherty (center) and Col. Robert Kemmler,
Steve Helber/

SENATE COMMITTEE NIXES BILL TO CLOSE GUN SALE 'LOOPHOLE'

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Bill to close gun 'loophole' defeated in Senate panel


Date published: 1/24/2008

RICHMOND--A Senate committee yesterday killed legislation to close the so-called "gun show loophole," despite efforts to amend the bill to make it more palatable to opponents.

A House version of the bill has already failed this session, making it doubtful that the legislation--championed by families of victims of last year's Virginia Tech shootings--will be revived this year.

However, the Senate Courts of Justice committee did vote to send the bill to the Crime Commission for further study--against the wishes of the bill sponsor, Sen. Henry Marsh, D-Richmond.

The bill would have required private sellers of guns at gun shows to do background checks on their buyers. Currently licensed gun dealers must do background checks on buyers, but private sellers do not.

Proponents call it the gun show loophole and say it provides a way for those who would not pass a background check--felons, the mentally ill, those who have a restraining order against them--to bypass the law and buy a gun.

Although Seung-Hui Cho, who killed 32 people and himself, and injured others, at Virginia Tech last year, did not buy his guns at a gun show, families of the victims said he could have. They've pushed hard for the bill, backed by Gov. Tim Kaine, providing emotional testimony at committee hearings Monday and last week on the House side.

But Republicans and rural Democrats on the Senate committee were not convinced. The bill failed on a vote of 6 to 9. "They've taken a backdoor approach to this thing," said Andy Goddard, whose son was injured in the Tech shooting, after the meeting. "I don't think they had the guts to take action on it in front of the people of Virginia."

The vote came after Sen. Creigh Deeds, D-Bath, proposed an amendment that he hoped would help garner support for the bill, primarily by exempting carriers of valid concealed carry permits from having to get background checks when buying from private sellers.

"I've never voted for legislation like this before but I think it's important that in the end we respond in some fashion to the tragedy at Virginia Tech and the focus these parents have poured into this legislation," Deeds said.

"Losing kids is a powerful thing," he told reporters later. "You have to respond to that anger and that pain."


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The bill would have required private gun dealers at gun shows to perform background checks on people who are purchasing weapons from them.


Date published: 1/24/2008


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Video of Harassment of Victims and Survivors of Gun Violence at 1/21/08 Lie-In in Richmond (posted by stopgunviolence , Jan. 28, 2008 3:52 pm)   
http://www.youtube.com/watch?v=SL7g8hbzQzw It's really unfortunate that this happened, I can't believe these people were treated this way. It's a shame that VA legislators are siding with these pro-gun activists when recent polls indicate a majority of Virginians (http://universityrelations.cnu.edu/news/2008/01_18_08voters.html) see tightening the state's gun laws as the highest priority for the General Assembly.

AtackDickArt..... (posted by Chiswald , Jan. 25, 2008 8:14 am)   
I can spell percent, but I don't always have my reading glasses nearby. I am truly not an anti-gun type. But I just don't see how this law would have infringed on anyone's rights. By being so stubborn and UNreasonable, you guys are just fanning the flames on this issue.

Chiswald (posted by Dick_Sumner , Jan. 24, 2008 9:07 pm)   
Dear Chiswald: You should learn how to spell 'percent'. A reasonable position is that a two percent problem doesn't justify legislation that infringes on the rights of all of us.

What Loophole (posted by ArtDowns , Jan. 24, 2008 8:38 pm)   
Is it possible that most people who complain about 'gun show loopholes' have never attended one and are just letting their ignorance and/or bias show? Just what is an 'unlicensed dealer'? The BATF threshold for thenumber offirearns transfers per year before an FFL is required is in the single-digit range. Anyone displaying and selling multiple firearms at a gun show does the paperwork that would be executed at a store. Most illegal transactions are done where drugs are sold.

Chiswald (posted by AtackDuck , Jan. 24, 2008 8:27 pm)   
Just how much liberty are you willing to give up to "feel safe"? The DC gov't thought banning handguns and making all the legal firearms in the city useless ,was reasonable. They think a disarmed victim is reasonable. Chicago thinks disarmed victims is reasonable. It all started with little "reasonable" infringements, then kept growing until their present helplessness. Is that what you call "reasonable"?

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