Edwards Proposes "Gun Show Loophole" Compromise

Last week, bills that would have closed the so-called gun show "loophole" died in committee, in part with the help of Sen. John S. Edwards (D-Roanoke), who on Wednesday voted against advancing the bill to the floor of the Senate.
But today, Edwards -- whose district includes Virginia Tech -- tried to reopen the debate.
During a meeting of the Courts of Justice committee, Edwards tried to persuade his colleagues to consider a compromise he said had the support of Gov. Timothy M. Kaine (D).
Under current law, only licensed dealers at gun shows are required to conduct background checks of their customers. The original effort this year to close that so-called loophole would have required everyone who sells at gun shows, even private citizens, to conduct background checks. The effort was vociferously supported by families of the Virginia Tech killings last year, who said it could prevent similar crimes. But it failed in House and Senate committees, in part because of opposition from gun rights groups.
Edwards -- who was one of nine senators who defeated the bill in committee last week -- proposed an alternative that would have made it voluntary for an unlicensed seller at a gun show to conduct a background check.
"I think this is a middle ground," he told reporters after the committee adjourned. "A lot of people would like to do something. Problem is, no one is trying to find a middle ground."
After a contentious discussion, Democrats and Republicans alike voted against reconsidering their original vote, which sent it to the Virginia Crime Commission for further review.
Edwards said he's not done fighting, and hopes to attach the provision to another bill coming out of the House of Delegates.
By Sandhya Somashekhar |
January 28, 2008; 11:20 AM ET
| Category:
Sandhya Somashekhar
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Virginia General Assembly 2008
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Posted by: Arlington, VA | January 28, 2008 1:43 PM
The VA Tech killer obtained his guns and went through a background check - why is it people keep forgetting that??? The issue is the availability of mental health data, not with private sellers who may want to sell their shotgun to a friend or relative. Criminals do not obtain firearms legally. This proposal will not help, nor would the one which was defeated.
Posted by: VA native | January 28, 2008 2:02 PM
Arlington,
You don't have to wait 24 hours. 15 minutes, tops.
Responsible gun owners, like me, support responsible gun laws. We don't need felons and psychos buying firearms. The opposition to closing this loophole is nothing less than cowardly pandering by a bunch of spineless politicians.
Posted by: Oakton, VA | January 28, 2008 2:06 PM
I think the question would be how do you check that the "private citizen" actually does a background check before the sale? And how would you hold them accountable if they do not? A dealer is a business/company and can lose their license to sell but what about a private citizen?
Posted by: James | January 28, 2008 2:08 PM
VA Native,
The mental health loophole has been closed. What would your arguement against closing this one be if Cho had bought his weapons from a private dealer? Surely you don't expect us to believe that you would be in favor of this law if that had been the case.
Posted by: Oakton, VA | January 28, 2008 2:09 PM
This supposed "loophole" is just one more step to take away our freedoms by bleeding heart liberals in Virginia.
Who really cares if a compromise passes the senate? We are forgetting it will then go back to the house for a very quick death. Thank goodness for a few good patriots left in the House of Delegates.
Posted by: Anonymous | January 28, 2008 2:14 PM
I don't understand how this is in any way a compromise. I'm sure right now unlicensed gun show sellers could voluntarily do a background check. Codifying the voluntary nature of it says nothing more than "you don't have to change what you're doing one bit." That's not a compromise, that's passing legislation to reinforce the status quo, which is a dangerous status quo.
Posted by: Alringtonian | January 28, 2008 2:21 PM
Under the current considerations, if I were to give my shotgun to my 35 year old son, I would have to pay someone to preform a background check first. Private individuals cannot call the state police check line for these checks.
The gunshow loophole only exists if you also call private car sales unlicensed dealers.
Posted by: Dale City | January 28, 2008 2:22 PM
This "compromise" is a step forward, but it is clearly a baby step. I do not understand why members of the Virginia legislature (both Democrats and Republicans) fail to protect Virginians in this vital area. The loophole permits felons, spousal abusers, sex offenders, and the mentally ill to buy guns; closing the loophole would prevent them from doing so. Legislators should protect the broad interests of all Virginians, not the narrow interests of the gun folks.
Posted by: esch | January 28, 2008 2:25 PM
This compromise means nothing. You can already do this under current law even though it's unnecessary in a person-to-person sale where both the buyer and seller are residents of the same state. Gun dealers will fill out the transfer paperwork and do a background check for around $20-30 dollars. Secretly most gun dealers would love to require background checks for private sales. It's easy money for them. Similar to the easy money gas stations make on the state car inspections.
Posted by: Anonymous | January 28, 2008 2:25 PM
Wait a minute, private citizens can sell guns at gun shows? As usual, people ignore the real issue.
Posted by: T.B. | January 28, 2008 2:42 PM
Excuse me, but did I just read "UNLICENSED SELLER at a gun show"?? Why, pray tell, do we allow unlicensed sellers of guns anywere in our state? Is this a way to support the sagging economy or the over active gun lobby?
Posted by: Confused in Herndon | January 28, 2008 2:46 PM
Voluntary? Nothing keeps a private seller from running a background check now before selling a gun if they want. It has to be made mandatory. Voluntary does nothing to close the loophole.
Posted by: wallpass | January 28, 2008 2:52 PM
Confused in Herndon, for the same reasons we allow unlicensed sellers to sell their cars. However, you CAN sell a car to someone in another state without using a licensed car dealer, but to do that with a firearm you need to jump through a few hoops and use a licensed gun dealer.
Posted by: James | January 28, 2008 3:34 PM
There is no such thing as an "unlicensed dealer"
There are PUBLIC Sales
There are PRIVATE Sales
All GUN DEALERS MUST HAVE A Federal License (FFL)
Citizens/Residents of Virginia are allowed by State Law to sell "A" gun to a privete party resident of Virginia.
One or two guns a year does not make someone a "GUN DEALER"
If the BATF suspects someone is selling guns without a license, they can be subject to local and federal prosecution.
It is illegal to sell a gun to a fellon or somone that is not permitted to possess a gun. That goes for both gun dealers and private sales of guns.
The current proposed legislation is not a baby step toward righting a wrong. It is mere "feel good, DO NOTHING" apease the idiots bable.
Posted by: Arlington II | January 28, 2008 3:40 PM
This issue really does come across as a very small minority being able to impact the grossly larger majority.
My BIGGEST problem were the following statements in the original article by the Washington Post:
[Gun rights advocates] argued that it would have hurt business at gun shows and put too much responsibility on the backs of unlicensed sellers, who often are private citizens who sell guns occasionally.
and
"If I own a piece of property, I am free to sell it. This would have gotten in the way of that," said Philip Van Cleave, president of the Virginia Citizens Defense League.
ok...we got a problem on multiple levels here. First gun rights advocates were saying that we were trying to take away their rights to purchase, buy, sell, and own guns. NOW, they are saying that "commerce" should outweigh safety and common sense when it comes to selling guns. The amount of commerce gained from private gun sales is pathetically small compared to the price that everyone in the state (country?) pays for the lack of that gun control. Politicians that voted against this are sending a mixed message...no wait...are just flat out contradicting themselves when they say that they have the safety and well-being off all Virginians at heart.
Second, I don't see why somebody must have a liqueur license to sell alcohol but they don't have to have a license to sell a handgun to anybody. A gun people. That is some retarded thinking. If a convicted felon can simply go to a gun show and purchase whatever he or she wants, what is even the purpose of having laws for background checks? The only people that will ever be inconvenienced are the people who legally want to own a gun and perhaps really stupid felons.
Gun rights advocates can talk about "bleeding liberals" all they want, but the bottom line is that their arguments are based on total emotion rather than common sense.
Posted by: JSim | January 28, 2008 3:59 PM
Why in the world are these nitwits concentrating on a non-existent problem?
If they want to prevent a crime similar to the VT tragedy, they need to pass legislation mandating - with stiff, no nonsense penalties - the timely and correct reporting between mental health people and law enforcement.
They could also compel universities to drop their idiotic gun bans.
How many tragedies
Posted by: george | January 28, 2008 4:10 PM
Why in the world are these nitwits concentrating on a non-existent problem?
If they want to prevent a crime similar to the VT tragedy, they need to pass legislation mandating - with stiff, no nonsense penalties - the timely and correct reporting between mental health people and law enforcement.
They could also compel universities to drop their idiotic gun bans.
How many tragedies will be averted by lawful gun owners before the rabid anitgunners become convinced that concealed carry is a proven crime fighting tool?
Virginia, as well as many other states, now have long established data which they can use to prove the efficacy of concealed carry - as well as to finally put to bed the hysterical rantings of "wild west" and "blood running in the streets."
Posted by: george | January 28, 2008 4:13 PM
JSim, the reason you need to have a license to sell liqueur is so that the State can be SURE it gets ALL its money from the liqueur tax :-p
Posted by: Rameses | January 28, 2008 4:18 PM
This entire nonsense about the alleged "loophole" is bogus. Leave the gun laws alone and enforce the ones that are on the books. I feel bad for the VA Tech victims. However, I feel worse that the anti-gun nut jobs are taking advantage of these people to push a radically leftist agenda. That is the real tragedy here.
Posted by: Robert Marley | January 28, 2008 4:50 PM
What does this have to do with Virginia Tech? No wonder the media is less respected than Congress.
Posted by: Anonymous | January 28, 2008 6:26 PM
Yes the compromise is a bunch of pandering.
Regardless of what laws end up on the books nothing annoys me more than people falling into the trap of doing something just to be seen doing something. Pass stricter laws or don't, but don't insult the public by pretending to be doing something to prevent anything, when all your doing is trying to make yourself look good.
I'm sick of the April 16th shootings being used as justification for or against tighter gun control. Use logic, not emotions.
Thanks
Posted by: Tech Student | January 29, 2008 1:07 PM
As a student at Virginia Tech, I demand the right to opt out of social security and to have personal retirement accounts. After all, I'm from Virginia Tech and some people got shot here and they won't collect social security.
Wow, that actually makes more sense than the gun show BS.
Posted by: Anonymous | January 30, 2008 6:06 PM
The Virginia legislature should disarm and relocate to Virginia Tech, see how they like it.
Posted by: Anonymous | February 3, 2008 4:16 PM
The problem is -- and I've confirmed this with a VA State Trooper -- it's one thing to "require" private citizens to do a background check, but "authorizing" them is something different. Pass the law without setting up a means of doing so, and you've just shut off all private sales, which is what gun-ban advocates are REALLY after. When a dealer calls in to request a background check they have to provide the police their dealer number. Private citizens have nothing to provide. As the trooper I spoke with at our last gun show told me, without an FFL number, the police will not and CAN NOT provide the citizen any information due to privacy issues. So, in fact mandating citizens do a background check, in affect would shut down all private sales because the police will not conduct any background checks for non licensed dealers. You have to come up with a solution for that aspect of it before passing what otherwise appears to be "reasonable gun control."
Posted by: Tom | March 9, 2008 10:47 PM
Great post, just like always. When I'm entering your blog I'm always sure I won't regret it. Continue writing.
Posted by: Ryan Carter | April 6, 2008 1:55 PM
Very well! Are you dudes agree with me? When I read it I was like: oh man!Sounds great! This is just what I was searching for! All is true, and checked, I'm sure.
Posted by: David B. | April 9, 2008 6:15 AM
"... of the liberty of conscience in matters of religious faith, of speech and of the press; of the trail by jury of the vicinage in civil and criminal cases; of the benefit of the writ of habeas corpus; of the right to keep and bear arms.... If these rights are well defined, and secured against encroachment, it is impossible that government should ever degenerate into tyranny."
- James Monroe
Simply put, there can be no compromise of any single right if you expect to have rights at all.
Posted by: Mark | April 25, 2008 8:51 AM
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Why is this so difficult? How onerous is it to wait 24 hours for a gun? I just can't comprehend what the problem is with getting this law passed.