Assembly Democrats say they ”believe” they have an agreement on gun control legislation, but Senate Republicans this evening indicated that it wasn’t quite soup at this point.

The situation now — which remains fluid by all accounts — is that the Legislature appears ready to work through the night and possibly pass some form of the gun control deal, with an updated ban on assault weapons as a centerpiece, later this evening.

“There’s not a final agreement yet, I think a lot of the components have been discussed as to what we has a Republican conference have been pushing for and we talked about the tougher penalties, we talked about Kendra’s Law, we talked about a whole host of things,” Sen. Tom Libous, R-Binghamton, said. “But as of right now as I speak to you, I’m not aware of any final agreement.”

Libous declined to go into details over the measure, but did say Senate Republicans had succeeded in securing tougher penalties for gun crimes and the illegal use of guns. Expanding a law that requires the forced hospitilization outpatient treatment (including medication) of the mentally ill — a provision the Senate GOP leadership had wanted early on — has been agreed to.

“There have been a lot of issues discussed in the details of this bill,” Libous said. ”We have been fighting for things we believe in, looking for tougher penalties for people who have committed a crime with a gun, we were looking for tougher penalties for the mentally ill, we are looking for a whole host of things that we are trying to protect as many second amendment rights as possible.”

An adage at the Capitol is that deals must fall apart several times before coming together. But lawmakers — especially Assembly Speaker Sheldon Silver — have sought to push the notion that a deal was exceedingly near, only to remain hung up on technical wording of sentencing.

One sticking point earlier this morning included funding for school security.

Libous wouldn’t confirm whether that remained an issue.

“Everybody is trying to get their pitch in for what they want in a bill,” he said.

Senate IDC leader Jeff Klein, the chamber’s co-president, called the measure stronger because of the enhanced criminal penalties.

“I think it’s a stronger bill because of the added criminal penalties that the Republicans pushed for and quite frankly I think it’s a stronger bill,” he said.

Klein, D-Bronx, expects the measure to be voted on this evening.

“I think we’re very close,” he said. ”I expect to pass the legislation tonight. I’m very hopeful that we’re going to be able to do this bill.”