S 329 — An act relating to criminal procedures involving firearms

PERSONS CHARGED WITH CERTAIN OFFENSES;

PROHIBITION ON POSSESSION OF FIREARMS (a) A person shall not possess a firearm if the person:

(1) is a fugitive from justice;

(2) is the subject of a final relief from abuse order issued pursuant to 15 V.S.A.

§ 1103;

(3) is the subject of a final order against stalking issued pursuant to 12 V.S.A.

§ 5133 if the order prohibits the person from possessing a firearm;

or (4) is a person against whom charges are pending for:

(A) carrying a dangerous weapon while committing a felony in violation of section 4005 of this title;

(B) trafficking a regulated drug in violation of 18 V.S.A.

chapter 84, subchapter 1;

or BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 7 of 17 (C) human trafficking or aggravated human trafficking in violation of section 2652 or 2653 of this title;

or (5)(A)(i) has been found by the court to be a person in need of treatment pursuant to section 4822 of this title and:

(I) not guilty by reason of insanity of a violent crime as defined in section 4017 of this title;

or (II) incompetent to stand trial for an offense listed in subdivision (4) of this subsection (a);

(ii) is the subject of a commitment order issued by the court pursuant to section 4822 of this title and the offense charged was not a violent crime;

or (iii) is the subject of a hospitalization order issued by the court pursuant to 18 V.S.A.

§ 7617(b)(1) or (2) or a nonhospitalization order issued by the court pursuant to 18 V.S.A.

§ 7617(b)(3).

(B) Subdivision (A) of this subdivision (5) shall not apply to a person if the Family Division grants a petition for relief from firearms disability for the person pursuant to section 4825 of this title.

(b) A person who violates this section shall:

(1) for a first offense, be imprisoned not more than two years or fined not more than $1,000.00, or both;

or BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 8 of 17 (2) for a second or subsequent offense, be imprisoned not more than three years or fined not more than $5,000.00, or both.

(c) As used in this section:

(1) “Firearm” has the same meaning as in section 4017 of this title.

(2) “Fugitive from justice” means a person who has fled:

(A) to avoid prosecution for a crime Vermont criminal offense or for an offense that would be a crime if committed in Vermont;

or (B) to avoid giving testimony in a criminal proceeding.

Sec.

4.

13 V.S.A.

§ 4022 is amended to read:

§ 4022.

BUMP-FIRE STOCKS;

MACHINE GUNS;

POSSESSION PROHIBITED (a) As used in this section,:

(1) “bump-fire stock” “Bump-fire stock” means a butt stock designed to be attached to a semiautomatic firearm and intended to increase the rate of fire achievable with the firearm to that of a fully automatic firearm by using the energy from the recoil of the firearm to generate a reciprocating action that facilitates the repeated activation of the trigger.

(2) “Machine gun” means any weapon that shoots, is designed to shoot, or can be readily restored to shoot automatically more than one shot without manual reloading, by a single function of the trigger.

The term also includes the frame or receiver of any such weapon;

any part designed and intended BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 9 of 17 solely and exclusively, or combination of parts designed and intended, for use in converting a weapon into a machine gun;

and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.

The term does not include any weapon or other item that is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives, or that is otherwise not subject to that registration requirement.

(b) A person shall not possess a bump-fire stock or a machine gun.

A person who violates this subsection shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(c) The Department of Public Safety shall develop, promote, and execute a collection process that permits persons to voluntarily and anonymously relinquish bump-fire stocks prior to the effective date of this section October 1, 2018.

Sec.

5.

13 V.S.A.

§ 4028 is added to read:

§ 4028.

POSSESSION OF FIREARMS PROHIBITED ON PREMISES LICENSED TO SERVE ALCOHOL (a) A person shall not knowingly possess a firearm on premises where alcohol is licensed to be served.

(b) A person who violates this section shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 10 of 17 (c) This section shall not apply to:

(1)(A) a second-class licensed premises, including a premises used for a retail alcoholic beverage tasting permit;

(B) sidewalks or public highways that pass through an outside premises for which a licensee holds an outside consumption permit;

(C) the premises for which a licensee holds a limited event permit, special event permit, or special event serving permit;

or (D) a dining car for which a licensee holds a promotional railroad tasting permit;

or (2) a firearm possessed by:

(A) a federal law enforcement officer or a law enforcement officer certified as a law enforcement officer by the Vermont Criminal Justice Council pursuant to 20 V.S.A.

§ 2358, for legitimate law enforcement purposes;

(B) a law enforcement officer of another state who is authorized to carry a firearm by the officer’s state or local law enforcement agency and is carrying the firearm for legitimate law enforcement purposes;

(C) a member of the Vermont National Guard, of the National Guard of another state, or of the U.S.

Armed Forces who is on duty and acting under state or federal orders;

(D) any government officer, agent, or employee authorized to carry a weapon and acting within the scope of that person’s duties;

or BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 11 of 17 (E) the holder of the license for the premises, provided that person is not prohibited from possessing a firearm under state or federal law.

(d) The owner or operator of a premises where alcohol is licensed to be served shall cause notice of the provisions of this section to be posted conspicuously at each public entrance to the premises.

(e) As used in this section, “firearm” has the same meaning as in subsection 4017(d) of this title.

Sec.

6.

EFFECTIVE DATE This act shall take effect on passage.

Sec.

1.

13 V.S.A.

§ 4017 is amended to read:

§ 4017.

PERSONS PROHIBITED FROM POSSESSING FIREARMS;

CONVICTION OF VIOLENT CRIME (a) A person shall not possess a firearm if the person has been convicted of a violent crime.

(b) A person who violates this section shall:

(1) for a first offense, be imprisoned not more than two years or fined not more than $1,000.00, or both;

or (2) for a second or subsequent offense, be imprisoned not more than three years or fined not more than $5,000.00, or both.

(c) This section shall not apply to a person who is exempt from federal firearms restrictions under 18 U.S.C.

§ 925(c).

(d) As used in this section:

(1)(A) “Firearm” means:

(i) any weapon (including a starter gun) that will or is designed to or may readily be converted to expel a projectile by the action of an explosive;

(ii) the frame or receiver of any such weapon;

or (iii) any firearm muffler or firearm silencer.

(B) “Firearm” shall does not include an antique firearm.

BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 12 of 17 (2) “Antique firearm” means:

(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.

(B) Any replica of any firearm described in subdivision (A) of this subdivision (2) if the replica:

(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition;

or (ii) uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and that is not readily available in the ordinary channels of commercial trade.

(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol that is designed to use black powder or a black powder substitute and that cannot use fixed ammunition.

As used in this subdivision (C), “antique firearm” shall does not include a weapon that incorporates a firearm frame or receiver, a firearm that is converted into a muzzle loading weapon, or any muzzle loading weapon that can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.

(3) “Violent crime” means:

(A)(i) A listed crime as defined in subdivision 5301(7) of this title other than:

(I) lewd or lascivious conduct as defined in section 2601 of this title;

(II) recklessly endangering another person as defined in section 1025 of this title;

(III) operating a vehicle under the influence of alcohol or other substance with either death or serious bodily injury resulting as defined in 23 V.S.A.

§ 1210(f) and (g);

(IV) careless or negligent operation resulting in serious bodily injury or death as defined in 23 V.S.A.

§ 1091(b);

(V) leaving the scene of an accident resulting in serious bodily injury or death as defined in 23 V.S.A.

§ 1128(b) or (c);

or (VI) a misdemeanor violation of chapter 28 of this title, relating to abuse, neglect, and exploitation of vulnerable adults;

or BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 13 of 17 (ii) a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C.

§ 922(g)(1) or 18 U.S.C.

(D)(B) AAn convictionoffense involving sexual exploitation of possessionchildren within intentviolation toof distributechapter a64 controlledof substancethis othertitle, thanor cannabisa comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C.

(C) A violation of 18 V.S.A.

§ 4231(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking cocaine);

4232(b)(2) or (b)(3) (selling or dispensing LSD);

4233(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking heroin);

4234(b)(2) or (b)(3) (selling or dispensing depressants, stimulants, and narcotics);

4234a(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking methamphetamine);

4235(c)(2) or (c)(3) (selling or dispensing hallucinogenic drugs);

4235a(b)(2) or (b)(3) (selling or dispensing Ecstasy), or a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C.

§ 922(g)(1) or 18 U.S.C.

§ 921(a)(20).

(D) A conviction of possession with intent to distribute a controlled substance other than cannabis in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C.

§ 922(g)(1) or 18 U.S.C.

§ 921(a)(20).

§§ 4017a 4017a is amended to read:

PROHIBITION ON POSSESSION OF FIREARMS VT LEG #389440 v.1 AS PASSED BY SENATE S.329 Page 5 of 11 (a) A person shall not possess a firearm if the person:

(2) is the subject of a final relief from abuse order issued pursuant to 1515 V.S.A. V.S.A.

(3) is the subject of a final order against stalking issued pursuant to 1212 V.S.A. V.S.A.

or BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 14 of 17 (C) human trafficking or aggravated human trafficking in violation of section 2652 or 2653 of this title;

or VT LEG #389440 v.1 AS PASSED BY SENATE S.329 Page 6 of 11 (ii) is the subject of a hospitalization order issued by the court pursuant to 18 V.S.A.

§§ 7617(b)(1) 7617(b)(1) or (2) or a nonhospitalization order issued by the court pursuant to 18 V.S.A.

§§ 7617(b)(3). 7617(b)(3).

§§ 4019a 4019a is amended to read:

WAITING PERIOD (a)(1) A person shall not transfer a firearm to another person until 72 hours after the licensed dealer facilitating the transfer is provided with a unique VT LEG #389440 v.1 AS PASSED BY SENATE S.329 Page 7 of 11 identification number for the transfer by the National Instant Criminal Background Check System (NICS) or seven business days have elapsed since the dealer contacted NICS to initiate the background check, whichever occurs first.

BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 15 of 17 (2) If a firearm is transferred by mail, the 72-hour waiting period required by subdivision (1) of this subsection shall commence when the order is placed.

VT LEG #389440 v.1 AS PASSED BY SENATE S.329 Page 8 of 11 (e) [Repealed.] (f) This section shall not apply to the return of a firearm, frame, or receiver to a person by a licensed dealer after the dealer has serialized it pursuant to federal law or section 4084 of this title if the dealer returns the firearm, frame, or receiver to the same person from whom it was received.

§§ 4022 4022 is amended to read:

and any combination of parts from which a machine gun can be assembled if the parts are in the possession orBILL VTAS LEGINTRODUCED #389440AND v.1 AS PASSED BY SENATE S.329 Page 916 of 1117 or under the control of a person.

§§ 4028 4028 is added to read:

VT LEG #389440 v.1 AS PASSED BY SENATE S.329 Page 10 of 11 (B) sidewalks or public highways that pass through an outside premises for which a licensee holds an outside consumption permit;

BILL AS INTRODUCED AND PASSED BY SENATE S.329 Page 17 of 17 (C) a member of the Vermont National Guard, of the National Guard of another state, or of the U.S.

VT LEG #389440 v.1 AS PASSED BY SENATE S.329 Page 11 of 11 (d) The owner or operator of a premises where alcohol is licensed to be served shall cause notice of the provisions of this section to be posted conspicuously at each public entrance to the premises.

§§ 4824 4824 is amended to read:

VT LEG #389440 v.1