S 131 — An act relating to approval of an amendment to the charter of the City of Burlington relating to the possession of firearms

BILL AS INTRODUCED AND PASSED BY SENATE S.131 Page 1 of 35 S.131 AnIntroduced actby relatingSenator toBaruth approvalReferred of an amendment to theCommittee charteron ofGovernment theOperations CityDate: of Burlington relating to the possession of firearms It is hereby enacted by the General Assembly of the State of Vermont:

March 21, 2025 Subject:

Municipal and county government;

municipal charters;

City of Burlington;

amendments;

firearms Statement of purpose of bill as introduced:

This bill proposes to approve an amendment to the charter of the City of Burlington to prohibit the possession of firearms in any building or on any real property or parking area under the ownership or control of an establishment licensed to serve alcohol for on- premises consumption.

An act relating to approval of an amendment to the charter of the City of Burlington relating to the possession of firearms It is hereby enacted by the General Assembly of the State of Vermont:

CITY OF BURLINGTON BILL AS INTRODUCED AND PASSED BY SENATE S.131 Page 2 of 5 * * * §§ 510. 510.

BAN ON FIREARMS IN ANY ESTABLISHMENT WITH A FIRST- CLASS LIQUOR LICENSE (a) This section expressly supersedes 24 V.S.A.

§§ 2291(8) and 2295 and authorizes the City to regulate the possession and carrying of firearms pursuant to this section.

(b) Ban.

Within the City of Burlington, no person may carry or possess a firearm, as defined by 13 V.S.A.

§ 4016(a)(3), in any building or on any real property or parking area under the ownership or control of an establishment licensed to serve alcohol on its premises.

(c) Exceptions.

This provision shall not apply to:

(1) any federal, State, or local law enforcement officer acting within the scope of that officer’s official duties;

(2) any member of the armed forces of the United States or the Vermont National Guard acting within the scope of that person’s military duties;

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

or (4) the owner or operator of an establishment licensed to serve alcohol, provided that person is not prohibited from possessing or carrying that weapon under any other federal, State, or local law.

BILL AS INTRODUCED AND PASSED BY SENATE S.131 Page 3 of 5 (d) Penalties.

The penalty for any violation of this section shall be as follows:

(1) Criminal offense.

Any violation of this section may be considered a criminal offense, which shall be punishable by a fine of not more than $1,000.00 or imprisonment for not more than 90 days.

(2) Civil offense.

Any violation of this section may also be considered a civil ordinance violation punishable by a civil penalty of not less than $200.00 and not more than $500.00 and civil forfeiture of the weapon pursuant to subdivision (3) of this subsection.

(3) Forfeiture.

Upon probable cause that a person is in violation of this provision, a law enforcement officer may seize the weapon involved in the violation.

The person from whom the weapon is seized, or the owner of the weapon, may appeal the forfeiture of the weapon within 30 days following the seizure to the Civil Division of the Superior Court, pursuant to 12 V.S.A.

chapter 102 and Rule 74 of the Vermont Rules of Civil Procedure.

In any appeal, the burden of proof shall rest upon the City to establish the violation by a preponderance of the evidence.

If the City fails to establish the required burden of proof, the items shall be returned to the person from whom they were seized.

If no appeal is taken within 30 days, or if the City prevails in the Superior Court proceedings, the seized items shall become the property of the City of Burlington.

BILL AS INTRODUCED AND PASSED BY SENATE S.131 Page 4 of 5 * * * Sec.

3.

EFFECTIVE DATE This act shall take effect on passage.

Sec.

1.

CHARTER AMENDMENT APPROVAL The General Assembly approves the amendment to the charter of the City of Burlington as set forth in this act.