Gun show bill denied in Senate

Tuesday, January, 29, 2008; 12:00 AM | 6 | | Print

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Last Wednesday, the Virginia Senate Courts of Justice Committee rejected the "gun show loophole bill" in a 9-6 vote.

The gun show loophole allows felons and the mentally ill to bypass background checks when purchasing firearms at gun shows because only licensed dealers, not private sellers, must perform such checks.

Gov. Tim Kaine and families of the April 16 shooting victims have been advocating for this bill's passing since its beginning. Jeff Tiller, press secretary for Kaine, said Kaine was very disappointed that the bill was rejected.

"The governor has been saying pretty much all along, since we started looking at this issue, either folks want felons to own guns or they don't," Tiller said. "This loophole allows felons, domestic abusers and the dangerously mental ill to purchase guns at gun shows, and apparently some folks think that's fine."

Seven republicans and two rural democrats on the Senate's 15-member committee voted against the legislation. The republican-controlled house's committee on Militia, Police, and Public Safety rejected a similar bill Friday, Jan. 18, with a vote of 13-9. However, many of the bill's advocates held out hope for the democrat-controlled senate.

"(Kaine) had been working with folks in the Senate to see if we could get it through," Tiller said. "He had also been working on lobbying members of both houses to support the bill."

Kaine had also been working alongside Tech families and Virginia law enforcement to build support for the legislation. Chad Ramsey, spokesman for the Brady Campaign to Prevent Gun Violence, has been speaking out against the gun show loophole as well.

"I knew it was going to be a major uphill climb to get it passed, but I thought, given all that's happened and the amount of lobbying that has taken place these past few weeks, that at least Sen. Edwards would be moved to change his vote like Sen. Creigh Deeds did," Ramsey said.

Ramsey was one of over 300 people who attended the General Assembly last Monday to argue for or against the loophole's closing. The public hearing was mostly filled with supporters of the bill, who outnumbered its opponents 3-1, including more than 20 Tech shootings victims' parents and supporters. Ramsey stated that he was particularly disappointed with Edwards, who represents Blacksburg and Roanoke, because the he refused to speak at the committee hearing.

Although the guns used in the April 16 shootings were not purchased at a gun show, advocates of the bill said that the next potential shooting could involve such weapons. But guns rights activists, like Philip Van Cleave, president of the Virginia Citizens Defense League, deny that this legislation would solve the problem.

"The bill wouldn't have made any of us any safer," Van Cleave said. "The bill keeps coming up every year; they shouldn't bring it up. Such a tiny, tiny percentage of guns come from gun shows that are used in crime, and that bill had all kinds of problems with it."

He stated that if someone wants to sell a few guns at a flea market without realizing that there are other guns being sold, he or she could be charged with a crime if there are at least 26 guns being sold, making the market a gun show.

"It was bad legislation," Van Cleave said. "It was the number one bill that we were out to stop this year."

He spoke to key senators and delegates about the bill and spoke at Monday's hearing.

The legislation, which was sponsored by Senator Henry Marsh (D-Rich.), was re-referred to the Virginia Crime Commission, which meets in May. The bill will not return until next year at the earliest.

"It's too soon right now to say what we can do next year," Tiller said, adding that Kaine must get through this session first.

Ramsey still has hope for this session.

"We're exploring all avenues in moving this legislation forward, despite this loss," Ramsey said, adding that plenty of moves can be made such as offering discharge petitions as amendments on the floor. "We're not giving up, even in this session, we're going to keep pushing, but we realize that we have to change the people who are voting against it, like Sen. Edwards."

Leave a comment 6 Comments Write a letter to the editor

Joe | # January 29, 2008 @ 5:13 PM — Flag Comment

I've said it before, but it bears repeating: There is NO "gun show loophole" in Virginia. Period. There is NO law that is suspended during, in, near, under, or over a gun show. Period. If a firearm transfer is illegal outside a gun show, it is ILLEGAL inside a gun show. There is NO special treatment or exemptions. None. The most recent numbers I found from the US Dept. of Justice show that, in 1997, 0.7% of state inmates and 0.6% of federal inmates acquired their firearms at gun shows: http://www.ojp.gov/bjs/pub/pdf/fuo.pdf A similar publication places the number at 2%: http://www.ojp.gov/bjs/pub/pdf/ffo98.pdf Does anyone really think this is a major problem deserving of the attention it's received both here in the CT and in other media sources? Aren't there more pressing problems our General Assembly could be addressing?

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Sailorcurt | # January 29, 2008 @ 9:01 PM — Flag Comment

I love the way they obfuscate the numbers to paint a misleading image: "over 300 people attended the General Assembly last Monday", followed by "The public hearing was mostly filled with supporters of the bill, who outnumbered its opponents 3-1" giving the impression that the bill had lots of support. Actually, virtually all of the anti-gunners that showed up that day were in the committee meeting, there were several hundred rights supporters out in the lobby because they didn't get in before the doors were closed. In reality, the anti-gunners were outnumbered by at least four to one by rights supporters in the General Assembly building and were outnumbered by at least two to one at their own demonstration that afternoon. And there was a large contingent of college students, some from Virginia Tech, representing Students for Concealed Carry on Campus as well. And I'm still waiting for someone to explain to me how making something illegal at a Gun Show that is perfectly legal anywhere else in the commonwealth fits any logical definition of "closing a loophole."

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DS | # January 29, 2008 @ 10:29 PM — Flag Comment

I think people need to set back and think about what they are saying about the loophole. It is not the one person(male or female) that is selling the firearm at a gunshow. The thing is who is the one's that is responsible for the problem. It is people that no one knows anything about. Anyone can sell guns out of their house, under the bridge or even in the playground of a park. It is not the SHOWS that is the problem. And it is not the good old boys that is going out and committing crimes. Think about it if they cain't buy them at a show you can buy them off the street just about anywhere.I'm very sorry about the shottings at the schools that is something I have prayed that would never happen. But we never know. I think what should be done is Concealed Handgun permits and should be trained in safety. I'm not saying there is not a problem but if you outlaw guns the only outlaws will have guns.

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Anthony Kelly | # January 30, 2008 @ 4:49 PM — Flag Comment

I was there and that number puzzled me too. It's a shame that newspaper writers feel that they have to outright lie to defend some Matra. Cho didn't buy at a gun show. He passed his background check. And check your history... gun shows haven't led to massacres so far. What makes you think a massacre is change the course of history?

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Wildfire | # January 31, 2008 @ 8:52 AM — Flag Comment

Dear Candace: If you must LIE to make your position SEEM “reasonable”, maybe it’s time to rethink your position. How many of Cho's guns were bought at a gun show? How many of Cho's victims were ARMED? Defenseless sheep get sheared and slaughtered; like they did at VA Tech.

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Matthew Magain | # April 30, 2011 @ 12:08 PM — Flag Comment

<a href="http://www.pskiller.com/">Photoshopped Image Killer</a> has developed algorithms for faux photo detection, also known as digital forensics. Indeed, with digital evidence being used more and more in the courtroom, both the prosecution and the defense want to be sure that exhibit A is really what it seems. Any time you have digital evidence, either side can raise the specter of digital manipulation.

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