Landmark gun law moves ahead in marathon House session

A bill that makes sweeping changes to the state’s gun laws, including expanding federal background checks to the private sale of firearms, has gained preliminary approval in the House after a debate that started in the morning and stretched into the evening.

www.vtdigger.com

VTDigger Landmark gun law moves ahead in marathon House session HomepageCriminal justice Paul Poirier Rep. Paul Poirier , I-Barre. Photo by Bob LoCicero/VTDigger Alan J. Keays in Criminal justice 20 hours ago Vermont House The Vermont House on the first day of the session Wednesday. Photo by Bob LoCicero/VTDigger A bill that makes sweeping changes to the state’s gun laws, including expanding federal background checks to the private sale of firearms, has gained preliminary approval in the House after a debate that started in the morning and stretched into the evening. The gun restrictions contained in the legislation had little chance of making it to the House floor at the start of the legislative session in January, but moved to the forefront following a mass school shooting in Florida and an foiled plot of a school attack in Vermont, both last month. The House voted 85-59 to approve the bill, S.55, which expands background checks to private firearms sales, prohibits those under 21 from purchasing a firearm, and bans high-capacity magazines that can hold more than 10 rounds of ammunition and bump stocks, a device that modifies semi-automatic rifles to increase the firing rate. Debate on the legislation started a little after 9:30 a.m. Friday and drew to a close a little before 7:30 p.m., with a 30 minute break for lunch. Seats in the balcony and along the House floor were nearly full when the debate started in the morning, with many gun rights supporters in the crowd sporting blaze orange pieces of clothing. About 10 hours later, when the legislation gained preliminary approval, only a few onlookers remained. The third reading, which will include a final vote on the legislation, is set for Tuesday, and additional amendments are expected. “The policies in this bill will help keep firearms away from those who intend harm and will reduce the lethality of firearms that may be misused,” Rep. Martin LaLonde, D-South Burlington and a member of the House Judiciary Committee, said on the floor in introducing the legislation. “Recent events in Las Vegas, and Florida, and closer to home in Fair Haven, Vermont,” he added, “underscore the threat to public safety when those who intend harm possess firearms.” Rep. Paul Poirier, I-Barre, said right before the final roll call on the overall bill that the far-reaching changes on gun laws in Vermont represent a “culture shock.” House Judiciary The House Judiciary Committee meets in January. Photo by Bob LoCicero/VTDigger “I personally believe that this is a lot of feel good,” he said of the legislation before voting against it. Rep. Mike Mrowicki, D-Putney, saw it a different way. “There’s a sea change happening this country,” he said, “and the young people are leading the way.” Rep. Patrick Brennan, R-Colchester, talked of his opposition to the legislation. “I can’t agree with anything we did here today,” he said. “We did a great disservice to Vermonters.” He said come election time in November voters will have their say. “Time will tell how many of us will be back,” Brennan said. House Minority Leader Don Turner, R-Milton, called it an emotional issue, but said he couldn’t support the bill because it provides “false promises.” “This approach I don’t agree with,” he said, questioning the effectiveness of the legislation. “I don’t think this bill is going to change one thing. I hope it does.” He said he hoped representatives could all leave the chamber following the long debate, shake hands and move on. Gov. Phil Scott, at his press conference this week, indicated he’d support S.55. The governor, who told reporters last month he was jolted by reading an affidavit in what police describe as a thwarted attack by an 18-year-old on his former high school in Fair Haven, said when it comes to gun legislation “everything’s on the table.” The tone of the debate Friday on the House floor throughout the day was mostly civil, though at times testy, passionate and emotional. At one point, when a lawmaker’s comment drew applause from gun rights supporters watching on from the House floor and balcony, Speaker Mitzi Johnson, D-Grand Isle, was quick to respond. “The House will come to order,” the speaker said, banging down her gavel. S.55 narrowly advanced to the full House floor for consideration earlier this week on a 6-5 vote in the House Judiciary Committee, mostly split along party lines. Rep. Chip Conquest, D-Wells River, was the lone Democrat who joined the panel’s four Republicans in opposing the measure. The vote on the House floor Friday evening also split mainly along party lines. The Senate passed a pared-down version of the bill earlier this month. That bill contained the provisions for wider use of background checks and raising the age to buy a firearm in the state. The House bill will now be sent back to the Senate to see if that body concurs with the changes. If not, a conference committee would be established with representation from both bodies. The debate barely got started Friday when it almost ground to a halt. Poirier, of Barre City, proposed putting off taking up the bill for two weeks, allowing additional time in hopes the House Judiciary Committee would hold a public hearing on the legislation. Paul Poirier Rep. Paul Poirier, I-Barre, speaks at the Statehouse last year. File photo by Erin Mansfield/VTDigger Gun rights advocates this week issued a statement calling for such a hearing, arguing that more voices needed to be heard on the matter. “I voted yes to give the people of Vermont what they’re asking for, a public hearing,” Poirier said after it was revealed that his measure failed in a roll call vote, 61-85. Rep. Maxine Grad, D-Moretown, chair of the House Judiciary Committee, defended the panel’s “due diligence” in taking an “enormous amount of testimony” in moving the bill forward. She also said a public hearing was held at the Statehouse near the start of the session on gun legislation. Rep. Janssen Willhoit, R-St. Johnsbury and a House Judiciary Committee member, said while a public hearing was held at the Statehouse earlier this session, the specific legislation up for consideration had not been proposed at that time. “The people of Vermont deserve a public hearing,” he said. Mrowicki, of Putney, voted against postponing action on the bill, saying, “The time for talk is done, it’s time to vote.” The House split the vote on the bill, allowing votes on several different provisions within it before a final vote on the overall legislation. The measure regarding background checks drew the most debate. Several lawmakers questioned whether the legislation would enhance public safety, saying that criminals wouldn’t put themselves through background checks. They worried it would criminalize law-abiding Vermonters who fail to seek out background checks before selling a firearm. “I’m confident we can take this action under the Constitution. I’m less confident as to its effectiveness,” Rep. Laura Sibilia, I-Dover, said. “I’m going to vote no.” Rep. George Till, D-Jericho, spoke in favor of expanding background checks, saying that he repeatedly hears of the need to keep guns out of the hands of those who shouldn’t have them, such as criminals. And yet, Till said, he also hears opposition to expanding background checks. “There’s zero logic in that, zero,” he said. George Till ​Rep. George Till, D-Jericho, speaks on the House floor last year. File photo by Erin Mansfield/VTDigger Some additional amendments were proposed through the morning, including one from Rep. Francis “Topper” McFaun, R-Barre Town, that called for establishing an advisory committee to look at school safety and security. That panel, which would have included the state public safety commissioner and secretary of education, would look at “best practices” to “harden” schools and report back to the Legislature by mid-April with any recommendations. McFaun said in reading S.55 he didn’t see any provision that specifically addressed school safety, an issue that has been the focus of a student movement across the country and across Vermont. “I felt it was really important that we do something about it right away,” McFaun said. He later agreed to withdraw his amendment after hearing of other initiatives currently underway by the administration and lawmakers aiming to address school safety. The bill, S.55, had initially aimed at setting up a process for police to dispose of guns stored by the state, before it became the vehicle for major new gun restrictions. The Senate added the wider background provision and increasing the age requirement for the purchase of a firearm. In the House Judiciary Committee, other measures were added, including the ban on high-capacity magazines and bump stocks. Additional measures were also proposed by LaLonde when it was debated in the House committee, including a ban on assault-style weapons and a 10-day mandatory waiting period for the sale of guns. LaLonde later withdrew those proposals. The bill, as passed by the House Friday, expands a federal background check for the private sale, trade or gifting of a firearm in the state. Exemptions would be made for military members, those in law enforcement and transfers of firearms among immediate family. It also increases the legal age to buy a firearm in Vermont to 21, with exemptions for law enforcement officers, military members, veterans and those who has completed a Vermont hunter safety course, or another approved firearm safety course. When the House debate moved to the age limit for buying guns, Rep. Mark Higley, R-Lowell, argued against raising the age to buy a firearm to 21, saying that someone as young as 17 years old is able vote in the state. “There’s no way I’m going to support this,” he said. LaLonde said voting doesn’t involving acquiring a lethal weapon, “despite what some might think.” Earlier in the day, Higley proposed and later withdrew an amendment requiring schools in Vermont to show the NRA’s eight-minute “Eddie Eagle GunSafe Program” video once each school year for students pre-K through fourth grade. The ban on high-capacity magazines exempts possession of those legally owned before the legislation goes into effect. Brennan, of Colchester, spoke out against that 10-round limit for a magazine. He called that provision unenforceable, saying they do not have dates on them or come with serial numbers. LaLonde responded there are other states that have similar bans, adding that having such a measure will reduce the number of places where they can be purchased in Vermont, and the number of the devices by extension. Before the debate started on the magazine limit, Rep. Corey Parent, D-St. Albans, said he is working on an amendment to propose on Tuesday to alleviate the effect of that provision on a large Franklin County employer, Century International Arms, a firearms importer and manufacturer whose headquarters is in Florida. The debate Friday will not be the last one that will be held in the Statehouse this session regarding gun legislation. The House Judiciary Committee is currently considering a bill that unanimously passed the Senate, S.221. Known as “Red Flag” legislation, the measure would lay out a civil court process for authorities to follow to seize a firearm for up to 60 days from a person who is deemed a threat or danger to the themselves or others. Meanwhile, the Senate Judiciary Committee voted 5-0 on Friday to advance H.422 to the full Senate for consideration. That bill, known as the domestic violence gun bill, passed the House last year. That bill would allow for police under certain conditions to seize a firearm from a person when they are arrested or cited into court on a domestic assault charge. At an arraignment to be held on the next business day a judge would consider the matter. The bill will likely be sent to the full Senate on Tuesday for consideration, with an expectation that S.221 will be voted out of the House Judiciary Committee by that time, Sen. Dick Sears, D-Bennington, said. “It’s been a tremendous process here working on two bills that will make a difference,” the senator said of H.422 and S.221. On S.55, the House cast votes Friday on separate parts of the bill before a final vote on the overall legislation. Here’s a closer look at those votes: • The vote to ban bump stocks was 119-25; • The vote on expanding background checks was 83 to 61: • The vote setting a 10-round magazine limit was 79-66; • The vote on increasing the age to purchase a firearm to 21 was 88 to 56. Colin Meyn contributed reporting. Next Read: Scott invites community to statewide maple sugaring celebration this weekend » Dick SearsDon TurnerFrancis McFaunGeorge Tillgun lawsH.422Janssen WillhoitLaura SibiliaMartin LaLondeMaxine GradMike MrowickiPatrick BrennanPaul PoirierS.221S.55Vermont legislature Alan J. Keays :Alan J. Keays is the former news editor of the Rutland Herald. He is reporting on EB-5 for VTDigger. Related Post Judge leaves August date for Butler murder trial in place Nigerian men plead guilty in scheme targeting state employees SCOV Law Blog: State seeks to collect income tax from unfiled returns