Gun bill beaten, but new vote set today

The green button means "yes." The red button means "no."

Yesterday, a Virginia senator's mistake of pressing red when he meant to press green gave new life to a bill that seeks to close the "gun-show loophole."

But its new life may be short-lived.

Senators voted 22-18 yesterday to defeat a bill that would require most purchasers of firearms at gun shows to submit to criminal background checks.

The bill comes up for reconsideration today on the Senate floor. But proponents would need three more votes for passage, not just one.

"It's not on life support," said Sen. Henry L. Marsh III, D-Richmond, the bill's sponsor. "But it's wounded."

Sen. Charles J. Colgan, D-Prince William, asked for the vote to be reconsidered after realizing he inadvertently voted against the measure.

"I just punched the wrong button," he said.

That led to a request from Marsh that a new vote on the legislation to be put off until today.

The bill had the support of two Republican senators -- Thomas K. Norment Jr. of James City County and Sen. Frederick M. Quayle of Chesapeake -- both of whom had backed the measure when it cleared the Courts of Justice Committee on an 8-7 vote.

After the Senate floor session, gun-control advocates -- including surviving victims and some family members of the 32 people killed in the 2007 Virginia Tech massacre -- spent the afternoon pressing hard to switch the two votes needed to win passage.

The advocates focused on two Republicans -- Sens. Walter A. Stosch of Henrico County and John Watkins of Powhatan County. Advocates said both voted for a similar bill when it reached the Senate floor in 2005; they voted against the measure yesterday.

In addition to Colgan's mistaken vote, three Democrats joined Republicans in voting against the measure -- Sens. R. Edward Houck of Spotsylvania County, W. Roscoe Reynolds of Henry County and John S. Edwards of Roanoke.

Edwards had pushed for an amendment that would make background checks at gun shows voluntary, to be done only at the request of private sellers. Marsh said he thinks such an amendment might win approval for the bill, but some Tech families last night said they oppose the compromise.

Currently, only licensed dealers are required to conduct background checks of purchasers; private vendors may sell to anyone without requiring a background check. Felons, spousal abusers and the mentally ill are forbidden from possessing firearms.

Nearly four dozen survivors and family members of victims of the Tech massacre signed a letter to senators urging their support for the bill, which would require private sellers to check the backgrounds of all purchasers at shows, except those who hold concealed-weapons permits, or who are buying antique firearms.

"Frustrating," said Tech survivor Lily Habtu, who still has a bullet lodged at the base of her skull.

Tech gunman Seung-Hui Cho did not purchase the firearms he used in the murders at a gun show. But Marsh argued that the publicity and size of gun shows, which attract private sellers as well as licensed dealers, create "an easy opportunity" for unqualified individuals to purchase firearms.

"It's not a loophole," Sen. Janet D. Howell, D-Fairfax, told her colleagues yesterday on the floor before the vote.

"It's a gaping hole."

None of the bill's opponents spoke against the measure before the vote on the Senate floor.

Contact Jim Nolan at (804) 649-6061 or .