Would even allowing this to progress this far not be in violation of the Constitution to begin with? Wouldn't that be breaking the oaths of all these politicians? They swore to uphold it correct?
Technically yes, and it is an interesting scenario and discussion. While I could be completely wrong I just can't see 16 Republicans in the Senate voting Aye and potentially ruining their chances at re-election if they weren't certain that there was no way this would pass(some of them would vote Aye regardless......McCain, etc). This way it appeases the Democrats so that they cannot whine and complain that the "heartless republicans have railroaded any and all attempts at even discussing gun legislation." It also exposes the Republicans and Democrats would who vote yes on the actual bill. Its a gamble, but arguably worthwhile one that could potentially grant them a majority in the Senate in 2014.
Obviously the right/patriotic thing to do would be to filibuster the bill until it dies, but these guys and gals are playing politics......