court." members of the senate then left not long after midnight. "under the previous order, the senate stands adjourned until 9:30am." house speaker john boehner later gave a very short statement to the press. "the house has made its position known very clearly: we believe that we should fund the government, and we think there ought to be basic fairness for all americans under obamacare." the house then recessed at 1-25 a-m. the votes in this fight have gone back and forth between the house and senate since last week. as part of a temporary spending bill, the house voted to eliminate funding for the affordable care act. the senate rejected that plan. then, a flurry of votes since sunday morning had the house voting for and the senate voting against a provision to postpone the individual mandate. in an eleventh- hour proposal, the house asked for negotiators from both chambers to meet in conference -- an idea that was rejected, generally received by senate democrats as too little, too late. i'm andrew spencer, reporting.

civilian workers who were inside building 1-97 when gunman aaron alexis opened fire at the washington navy yard... won't be furloughed. the navy made the announcement yesterday. alexis... a navy contractor, opened fire in that building on september 16th he killed 12 people and hurt four more before being shot and killed himself. the government shutdown also won't impact military operations. president obama said u-s troops will remain on "normal duty status" in a televised message. the president did warn civilian defense department employees of possible furloughs starting today. in all about 3- point 3 million people are employed by the government... of those about 783 thousand government employees will stay home. some of the agencies that will feel the impact the most.... 50 percent of the defense department's 800 thousand employees are considered non-essential. 80 percent of the treasury

department's 112 thousand employees are also considered non-essential as are 81 percent of those with the department of the interior national park workers are also non- essential. and the majority of the environmental protection agency regulators - non essential. if the government shuts down my wife doesn't go to work and she had 10 furlough days because of sequester already this year. people who work at home are also deemed non-essential by the government. the beginning of october also brings new gun laws to maryland. they ban 45 so- called "assault- style" weapons... including the ar-15 and ak-47. gun shops saw an extra rush of people trying to pick up the weapons yesterday before the laws went into effect. gun- buying hopefuls have been flooding shops for several weeks now. some gun stores even stayed late last night to process as many applications as they could

before the midnight deadline. frank: 15.09.47 "well, it's been progressively picking up the last month, but the past couple weeks have just been--we've really been covered up." ed parsons: 14.51.45 "because of the nes laws coming out, they're saying it's gonna be a year before you can get one." the new laws also have put a strain on state police... they're working 21 hours a day to process all the applications. they're calling the recent spike "unprecendente d." state police say gun applications are funneling in at a rate nearly 10-times that of last year. the new laws require marylanders to give their fingerprints and take special training courses in order to buy a handgun. state police promised the backlog of applications would be cleared up by the time the new laws went into effect... but at last check... maryland had received more than 106- thousand gun license applications before the start ofthe day. just over half had been processed. that leaves a backlog of more than 52- thousand. along with the

new gun laws... several other laws take effect today. police now have the authority to pull drivers over... if they're spotted using a hand-held phone behind the wheel. adults traveling in the back set of a car are now required to wear their seat belts at all times... from now on. otherwise the driver gets a ticket. for a complete list... go to fox baltimore dot com. a follow up to a story you saw first on fox. dozens of felons sentenced to life in prison... are released from jail. our cameras were rolling when the group of men walked out of courthouse east... the majority convicted of murder... one a convicted rapist. all the men were sentenced in the 1970's. on appeal it was determined these defendants weren't provided a fair trial... because of the jury instructions given at the time. 8:22:51 this isn't some mass... outcue:not equipped

to do :09 these are just the first of hundreds of cases under review... under the "unger ruling." merle unger.. who was convicted of killing a cop... had his conviction overturned by the maryland court of appeals... which ruled jury instructions in the 1970's were unconstitutiona l. the baltimore county police union and county executive kevin kamenetz are headed back to court... over health care subsidies. for five years... the two sides have been battling over whether police retirees overpaid. a judge ruled that the county should pay whatever money is due... the retired cops are still waiting for the cash. the union says they are owed between 13- hundred and 18- hundred dollars. (fop) "i would say to the county executive lets do the right thing.. for this 400 police..

(kamenetz) "and its not fair for one union for those members to pay less then all the other county employees" both sides have filed new motions in the case. the high- powered team of lawyers who three months ago won a supreme court ruling... overturning the "federal defense of marriage act" and california's ban on same sex marriage... is now declarin war on virginia's gay marriage ban. in 2006... virginia voters ammended the commonwealth's constitution... defining marriage as between one man and one woman. but... according to the latest polling most virginians now oppose that constitutional ammendment. attorneys ted olson and david boys are joining the federal lawsuit filed by two virginia couples. bostic says: "we filed this lawsuit because although we've been together for more than two decades... we want our relationship to be recognized just like everyone else's. to overturn virginia's constututional ammendment... the general assembly would have to vote twice to do so... seperated by an

election. a new kind of font could help keep your emails and online communications private. a korean graphic designer and former nsa employee created the fonts... they're called z-x-x. the man says each one uses different optical tricks to make them difficult for text scanning software to read... which he says would make them unhackable. the man admits they may not be completely effective, but he hopes they will alert people to the issue of digital surveillance. coming up on the early edition... breaking down.... the affordable care act. who qualifies... and how much it costs. ((break 1))

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the affordable care act is going live today. new online exchanges will allow you to buy policies in all 50 states plus washington dc -- even if you have pre-existing medical conditions. but there's still some questions about how it all works. shannon travis has the answers. talking heads, attack ads. claims and

counter-claims with enough distortions to make pinocchio blush. but when you stop the noise over obamacare -- what is it? the president and many democrats defend it. the affordable care act is here to stay. most republicans denounce it. obamacare is a train wreck. but love it or hate it, the law is set to roll out its most ambitious pieces. if you already have sufficient health insurance -- or have medicare, this doesn't affect you. but if you're among the roughly 48 million without healthcare -- on your calendar, tuesday, you can start shopping for a plan at "health-care- dot-gov". president obama claims, it's like booking a hotel or a plane ticket. competitive plans with olympic names: "bronze" is basic, "silver," mid- range, and "gold" and "platinum", high- end plans.

all must offer the same coverage. all will come with a monthly premium. what will differ? the deductibles and co-pays will vary, but president obama says, for many, it'll provide, good health insurance for the price of your cellphone bill, or less the administration puts that at roughly $100 or less a month -- but that's if you qualify for tax breaks and subsidies because of income. costs will also vary based on where you live. choose by december 14th, if you want your new health coverage to start january first. on march 31, 2014, open enrollment ends and the penalties begin! if you dont have health insurance by then, you could be slapped with a fine -- that controversial individual mandate. there will be no penalties for a limited few. in washington, im shannon travis. straight ahead... scaring up... some sales. how customer spending during the halloween season... could be an indicator of what's to come... during christmas time.

((break 3)) pepper jack cheese, mushrooms,

jalapeños, bacon, tomato and avocado. i call it, "the avocado da vinci".

create your om'lart with denny's build your own omelette menu. halloween seems like fun and games, but for retailers it's serious business. billions will be spent on candy, costumes and more -- and consumer's habits will offer some important insight into the holiday shopping season. karin caifa has today's consumer watch. uncertainty in the economy may be spooking americans into curbing this fall's ghoulish celebrations. a survey from the national retail federation finds households expect to spend less on halloween this year than they did last year, just over 75 dollars, down from 79-82 in 20- 12. total spending on the holiday is expected to reach 6-point-9 billion, down from eight billion dollars last year. and while one- third of shoppers got a september jump on purchasing candy corn and costumes, the majority of halloween spending will take place between now and

october 31st. 2-point-six billion will bepent on costumes. that's one-point-two billion on adult costumes, just over one billion on children's costumes and 330 million on costumes for their pets. nearly 2-point- one billion will be spent on candy. and almost 2- billion dollars on spooky home decor. while halloween may not be a big deal in some households, it can be a big deal for retailers. it's the last major event on the calendar before the crucial holiday season and often offers clues into how much shoppers will be willing to spend on holiday gifts. for consumer watch, i'm karin caifa. amazon is gearing up for the holiday season already... it's planning to hire 70-thousand full-time, seasonal workers. that's an additional 20- thousand workers from last year's holiday hiring. the employees will work at one of amazon's 40- plus fulfillment centers across the country. for some workers, the temporary job could become permanent... so far this year, more than seven-thousand seasonal workers have

become full-time amazon employees. apple has a new title under its tech-filled belt... most valuable brand in the world. apple knocked off coca-cola from the top spot after a 13- year run. that's according to a report from the consulting firm "inter-brand." it estimates the tech giants value at near 100-billion- dollars... which is a 28-percent increase from last year's report. another company knocked coke down a peg... google rose to the number two spot... and coke is at number three. coming up... coming up... u-n chemical weapons inspectors wrap up their second trip to syria... in two months. how many alleged attacks... are under investigation. congress misses the midnight deadline... to avoid a government shutdown. why they'll still be getting paid... while 800- thousand other people are furloughed.

into effect in maryland. how they could change your life on fox 45 news at five.

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we're continuing to follow breaking news this morning... for the first time in 17 years... the government is shutdown. the senate voted for the second time, yesterday... to kill a republican counter-offer that would have reined in obamacare while funding the government. senate majority leader harry reid says the republicans are too indebted to the tea party. and that's playing a big role in the stalemate. reid says: "these

people who are elected to represent the country are representing the tea party, the anarchists of the country, and the majority of the republicans in the house are following every step of the way. this is an unnecessary blow to america." they are so fixated on embarrassing our president, the president of the united states. they think an election's coming this november. it happened last november. he was elected by five- million votes over what romney got. senate democrats wouldn't ree to any proposal targeting the affordable care act. meanwhile... house speaker, john boehner kept his comments short at a press conference...aft er congress was unable to reach an agreement. he defended his party against allegations they were willing to shutdown the government over "obamacare." boehner was also very short...when asked what should happen to government workers.. who are now furloughed.