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The Florida Legislature will not be returning to the Capitol for a special session on guns.

Florida Democrats had hoped to call the Legislature back to talk background checks and red flag laws.

“We would like to strengthen those laws and allow families to also petition the courts in addition to law enforcement,” said Kate Kyle with Moms Demand Action.

The effort failed to win the support of three-fifths of the members.

At close of business Monday, 19 of 40 senators and 62 of 120 house members had said no to a special session on guns.

The failure came as no surprise to NRA lobbyist Marion Hammer.

“They simply wanted to create an opportunity for political grandstanding,” said Hammer.

But now gun control advocates are shifting their attention to Washington.

Ads set to appear in Fort Meyers and Miami, target US Senator Marco Rubio and Rick Scott, urging them to support tougher background checks and red flag laws.

They’re part of a $350,000 national television campaign backed by the group Everytown for Gun Safety.

However Congressman of Florida’s 2nd District, Neal Dunn is skeptical Washington is in a position to act on gun legislation.

Dunn said he believes its not the laws that are broken, but enforcement.

“We already have laws that say this guy shouldn’t own guns, this guy needs to be baker acted, and it isn’t even being done,” said Dunn. “So we don’t have a measurable place to start with the laws that we actually have on the books.”

While gun control advocates hope to change the minds of Florida’s US lawmakers, state Democrats still plan to file gun control legislation for the regular session in January.

The Senate President has promised a thorough discussion.

Lawmakers technically have until 5 PM Tuesday to respond to the special session poll being conducted by the Secretary of State.

With the outcome clear many will likely choose not to respond, as has been seen in past attempts.

A final vote tally will be released some time Tuesday evening.