The following is the Floor Report delivered by Representative Angela Arsenault on H.606, which was passed out of my Committee on a split vote.

Madam Speaker, H.606 is a carefully-crafted public safety bill that proposes to address three specific firearms-related issues, mainly by relying on existing federal laws that have been upheld by numerous courts, including the United States Supreme Court. 

This bill carefully balances second amendment rights with the need to keep Vermonters safe. It helps improve Vermonters’ safety by keeping guns out of the hands of individuals who have been found by a court to be a danger of harm to themselves or others. It also mimics the existing federal prohibition on machine guns, which are not tools for hunting or self-defense. 

In short, this bill upholds the long-standing tradition of narrow, targeted, Constitutionally-sound restrictions on gun ownership in this country.

The text of the bill can be found on page TKTK of today’s House Calendar. Let us now walk through the bill. 

Section 1 amends Vermont’s existing grand larceny statute by adding theft of a firearm. This means that the theft of a firearm, regardless of the value of the firearm, would be a felony offense punishable by not more than 10 years in prison, a fine of not more than $5,000, or both. Typically, theft of objects or goods valued at less than $900 would be a misdemeanor charge. This change reflects the seriousness of the offense. 

The definition of “firearm” in this provision refers to 13 VSA § 4017, which expressly excludes antique firearms. This definition replaced a more expansive definition of “firearm” that was used in an earlier version of the bill – a change that was made at the request of gun-rights group the Vermont Federation of Sportsmen’s Clubs. 

Section 2 proposes several amendments to the existing Vermont statute that prohibits possession of firearms by persons convicted of certain violent crimes. Similar prohibitions exist in all 49 other states and under federal law. Vermont’s law was passed in 2015 and provides that possession of a firearm after being convicted of a violent crime is a misdemeanor subject to a maximum penalty of two years in prison. Section 2 proposes to increase the penalty to a 3-year felony if a person commits the crime for a second or subsequent time.

In addition to persons convicted of violent crimes, there are several other categories of persons who are prohibited from possessing firearms under both Vermont and federal law. Current Vermont law prohibits possession by fugitives from justice and persons subject to relief from abuse orders or orders against stalking. These persons are also prohibited from possessing firearms under federal law. At the request of the Department of States Attorneys and Sheriffs, Section 3 proposes to add to Vermont law another category of persons who are already excluded from firearms possession by federal law: persons who have been involuntarily committed by a court order because they were dangerous to themselves or others. Persons seeking voluntary mental health treatment will not be subject to this prohibition.

Federal law prohibits all persons who have been involuntarily committed from possessing firearms permanently, regardless of whether the commitment order is still in effect. However, Section 3 only prohibits possession by persons who are currently subject to the commitment or hospitalization order. Under the bill, when the commitment or hospitalization order ends, the state-level prohibition on firearm ownership ends. In addition, H.606 prohibits persons from possessing firearms if they were found not guilty by reason of insanity or incompetent to stand trial for certain serious offenses. Section 3 adds the same increased penalties for second or subsequent offenses that were added in Section 2.

This section also includes a pathway for individuals to petition the court for relief from firearms prohibition using the same process as individuals barred from firearms possession for mental illness under the federal statute which is spelled out in 13 VSA § 4825.

Section 4 prohibits the possession of machine guns under Vermont law. Federal law already prohibits possession of machine guns, so by making it a state crime Section 4 permits a Vermont state’s attorney to bring a charge for the offense in a Vermont state court. The bill defines “machine gun” in the same way it is defined under federal law, namely, a firearm that is capable of shooting more than one shot without manual reloading and with a single pull of the trigger. Included in this provision are the exceptions provided in federal law for machine guns that are registered under the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms, and Explosives. 

And just like federal law, this section effectively prohibits devices that turn a semi-automatic weapon into a machine gun, including auto sears like “Glock switches.” Such devices are easy to manufacture or 3D print and can shoot up to 1200 rounds per minute. They are present in Vermont and have been recovered at crime scenes. Twenty-eight states already prohibit these, and gun manufacturer Glock supports their prohibition.  

Machine guns that are still lawful to possess under federal law, and would therefore still be lawful to possess in Vermont, are those lawfully owned prior to 1986, when the federal prohibition went into effect, and those possessed by a state or federal government agency.

Again, if you own a machine gun legally under federal law, you will still be able to legally own a machine gun in Vermont.

Finally, Section 5 provides that the bill takes effect on passage

The bill passed out of your House Judiciary on a vote of 6-5-0 and we encourage members to vote “YES” in favor of common sense public safety measures.