VT legislators consider firearm background check bill

Springfield resident and firearms business owner Paul Stagner said on Wednesday that while firearms background check laws are important, adding more layers to existing regulations may not be effective.

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2017-02-09 / Front Page VT legislators consider firearm background check bill By TORY JONES toryb@eagletimes.com A selection of firearms lines store shelves and wall displays at Windsor Arms on US Route 5. — TORY JONES A selection of firearms lines store shelves and wall displays at Windsor Arms on US Route 5. — TORY JONES New rules would require background checks on private and individual gun sales, loans and trades, if a Vermont bill is approved. Under the proposed bill, H. 151, introduced in the State House on Jan. 31, a background check would be required on the “transferee,” whenever firearms are transferred between individuals, unless that transfer is between immediate family members or to a law enforcement agency or an active member of the armed forces. If H.151, “An act relating to requiring background checks for the transfer of firearms” passes House and Senate, it would take effect on July 1, 2017. As of Wednesday, Feb. 8, the bill has not moved past judiciary committee. Right now, in what is known as a gun-friendly state, federal law requires federally licensed firearms dealers — but not private sellers — to perform a background check on the purchaser before selling that person a firearm. Southern Vermont is home to several federally licensed firearms dealers. Springfield resident and firearms business owner Paul Stagner said on Wednesday that while firearms background check laws are important, adding more layers to existing regulations may not be effective. Stagner owns Green Mountain Trading Post, specializing in private and special-order firearms. “The law on the surface makes sense, but I have no confidence that it’ll be upheld, because current laws aren’t being upheld or supported by government agencies,” Stagner said. His business formerly had a large storefront, but now operates mainly online, with about 250 orders a year, he said. In Vermont, Federal Firearms Licensed (FFL) dealers can access the National Instant Criminal Background Check System (NICS), maintained by the FBI, to obtain instant information on a prospective firearm purchaser's status regarding any conviction disqualifications, according to the Vermont Department of Public Safety. Disqualification could be due to a felony conviction, a domestic assault conviction, or a domestic assault charge that was amended to an offense where there is an element of violence on the Criminal History record. In Windsor, FFL firearms dealer and gunsmith Steven Newlan, owner of Windsor Arms, said on Wednesday that he had not yet heard about the new bill. The Route 5 business includes an on-site repair shop and a storefront that carries firearms parts and components. Newland said that he preferred not to go on record with an opinion on the new background check proposal, but that he has not heard any concerns recently about changes to the law. Similar legislation came around a couple of years ago, he said. The proposed background check bill was introduced in the House by Vermont Reps. Michael Mrowicki of Putney and Johannah Donovan of Burlington, both Democrats serving the Windham-4 district, and was referred that day to the House Committee on Judiciary. Bill sponsors for H.151 also included Reps. Mollie Burke of Brattleboro, Sarah Copeland-Hanzas of Bradford, David Deen of Westminster, Diana Gonzalez of Winooski, Helen Head of South Burlington, Terence Macaig of Williston, James Masland of Thetford, James McCullough of Williston, Jean O'Sullivan of Burlington, Thomas Stevens of Waterbury, George Till of Jericho and Michael Yantachka of Charlotte. In January, GunSense Vermont, a group lobbying for tougher regulations and universal background checks for all firearms, spoke at the State House. “’Fingers crossed, no questions asked’ is not a smart policy when it comes to gun buyer criminal record checks in Vermont,” said Ann Braden, President of Gun Sense Vermont, according to a press release from the organization. Braden also said at the State House that recent, independent polling shows 84 percent of Vermonters support universal background checks for all gun purchases, and that “the gun violence prevention movement” will continue fighting for change. The wording in the proposal includes any persons transferring a firearm, with some exceptions. The “proposed transferee” in the bill refers to an unlicensed person to whom a proposed transferor intends to transfer a firearm, by sale, trade, lease, loan or gift. “Transfer” under the proposed bill would include the temporary provision of a firearm if the person giving or loaning has no reason to believe the transferee is prohibited from possessing a firearm or intends to use it to commit a crime, and if the provision occurs at a shooting range, shooting gallery, or other area designed for target shooting; for use during target practice or a firearms safety or training course; while hunting, fishing, target shooting, or trapping; while the transferee is in the “continuous presence” of the transferor; for repair, service, or modification by a professional repair service; or under circumstances where it is reasonable to believe that the transfer is “necessary to prevent imminent death or serious bodily to any person,” all according to the draft bill. Except for in those circumstances, an unlicensed person could not transfer a firearm to another unlicensed person unless both appear together, with the firearm, before a licensed dealer and ask that the dealer facilitate the transaction, and that dealer determines the receiver is not prohibited by law from possessing a firearm. Offenders of the new law, if passed, could face imprisonment and fines of $500 to $1,000. The full draft bill proposal is available at http://legislature.vermont.gov/assets/Documents/2018/Docs/BILLS/H-0151/H....