Vermont 2025-2026 Regular Session

Vermont House Bill H0200 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	BILL AS INTRODUCED H.200
2	2	2025 Page 1 of 7
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5	5	VT LEG #378711 v.1
6	6	H.200 1
7	7	Introduced by Representative LaLonde of South Burlington 2
8	8	Referred to Committee on 3
9	9	Date: 4
10	10	Subject: Crimes; possession of firearms; prohibited persons 5
11	11	Statement of purpose of bill as introduced: This bill proposes to make 6
12	12	Vermont law consistent with federal law by prohibiting the possession of 7
13	13	firearms by persons who have been found by a court to pose a danger of harm 8
14	14	to themselves or others as the result of a mental illness, and increases the 9
15	15	penalties for second or subsequent offenses of firearms possession by 10
16	16	prohibited persons. 11
17	17	An act relating to persons prohibited from possessing firearms 12
18	18	It is hereby enacted by the General Assembly of the State of Vermont: 13
19	19	Sec. 1. 13 V.S.A. § 4017 is amended to read: 14
20	20	§ 4017. PERSONS PROHIBITED FROM POSSESSING FIREARMS; 15
21	21	CONVICTION OF VIOLENT CRIME 16
22	22	(a) A person shall not possess a firearm if the person has been convicted of 17
23	23	a violent crime. 18
24	24	(b) A person who violates this section shall: 19 BILL AS INTRODUCED H.200
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28	28	VT LEG #378711 v.1
29	29	(1) for a first offense, be imprisoned not more than two years or fined 1
30	30	not more than $1,000.00, or both; or 2
31	31	(2) for a second or subsequent offense, be imprisoned not more than 3
32	32	three years or fined not more than $5,000.00, or both. 4
33	33	(c) This section shall not apply to a person who is exempt from federal 5
34	34	firearms restrictions under 18 U.S.C. § 925(c). 6
35	35	(d) As used in this section: 7
36	36	(1)(A) “Firearm” means: 8
37	37	(i) any weapon (including a starter gun) that will or is designed to 9
38	38	or may readily be converted to expel a projectile by the action of an explosive; 10
39	39	(ii) the frame or receiver of any such weapon; or 11
40	40	(iii) any firearm muffler or firearm silencer. 12
41	41	(B) “Firearm” shall not include an antique firearm. 13
42	42	(2) “Antique firearm” means: 14
43	43	(A) Any firearm (including any firearm with a matchlock, flintlock, 15
44	44	percussion cap, or similar type of ignition system) manufactured in or before 16
45	45	1898. 17
46	46	(B) Any replica of any firearm described in subdivision (A) of this 18
47	47	subdivision (2) if the replica: 19
48	48	(i) is not designed or redesigned for using rimfire or conventional 20
49	49	centerfire fixed ammunition; or 21 BILL AS INTRODUCED H.200
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53	53	VT LEG #378711 v.1
54	54	(ii) uses rimfire or conventional centerfire fixed ammunition that 1
55	55	is no longer manufactured in the United States and that is not readily available 2
56	56	in the ordinary channels of commercial trade. 3
57	57	(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle 4
58	58	loading pistol that is designed to use black powder or a black powder substitute 5
59	59	and that cannot use fixed ammunition. As used in this subdivision (C), 6
60	60	“antique firearm” shall not include a weapon that incorporates a firearm frame 7
61	61	or receiver, a firearm that is converted into a muzzle loading weapon, or any 8
62	62	muzzle loading weapon that can be readily converted to fire fixed ammunition 9
63	63	by replacing the barrel, bolt, breechblock, or any combination thereof. 10
64	64	(3) “Violent crime” means: 11
65	65	(A)(i) A listed crime as defined in subdivision 5301(7) of this title 12
66	66	other than: 13
67	67	(I) lewd or lascivious conduct as defined in section 2601 of this 14
68	68	title; 15
69	69	(II) recklessly endangering another person as defined in section 16
70	70	1025 of this title; 17
71	71	(III) operating a vehicle under the influence of alcohol or other 18
72	72	substance with either death or serious bodily injury resulting as defined in 23 19
73	73	V.S.A. § 1210(f) and (g); 20 BILL AS INTRODUCED H.200
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78	78	(IV) careless or negligent operation resulting in serious bodily 1
79	79	injury or death as defined in 23 V.S.A. § 1091(b); 2
80	80	(V) leaving the scene of an accident resulting in serious bodily 3
81	81	injury or death as defined in 23 V.S.A. § 1128(b) or (c); or 4
82	82	(VI) a misdemeanor violation of chapter 28 of this title, relating 5
83	83	to abuse, neglect, and exploitation of vulnerable adults; or 6
84	84	(ii) a comparable offense and sentence in another jurisdiction if 7
85	85	the offense prohibits the person from possessing a firearm under 18 U.S.C. § 8
86	86	922(g)(1) or 18 U.S.C. § 921(a)(20). 9
87	87	(B) An offense involving sexual exploitation of children in violation 10
88	88	of chapter 64 of this title, or a comparable offense and sentence in another 11
89	89	jurisdiction if the offense prohibits the person from possessing a firearm under 12
90	90	18 U.S.C. § 922(g)(1) or 18 U.S.C. § 921(a)(20). 13
91	91	(C) A violation of 18 V.S.A. § 4231(b)(2), (b)(3), or (c) (selling, 14
92	92	dispensing, or trafficking cocaine); 4232(b)(2) or (b)(3) (selling or dispensing 15
93	93	LSD); 4233(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking heroin); 16
94	94	4234(b)(2) or (b)(3) (selling or dispensing depressants, stimulants, and 17
95	95	narcotics); 4234a(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking 18
96	96	methamphetamine); 4235(c)(2) or (c)(3) (selling or dispensing hallucinogenic 19
97	97	drugs); 4235a(b)(2) or (b)(3) (selling or dispensing Ecstasy), or a comparable 20
98	98	offense and sentence in another jurisdiction if the offense prohibits the person 21 BILL AS INTRODUCED H.200
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103	103	from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C. § 1
104	104	921(a)(20). 2
105	105	(D) A conviction of possession with intent to distribute a controlled 3
106	106	substance other than cannabis in another jurisdiction if the offense prohibits the 4
107	107	person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C. 5
108	108	§ 921(a)(20). 6
109	109	Sec. 2. 13 V.S.A. § 4017a is amended to read: 7
110	110	§ 4017a. FUGITIVES FROM JUSTICE; PERSONS SUBJECT TO FINAL 8
111	111	RELIEF FROM ABUSE OR STALKING ORDER; PERSONS 9
112	112	CHARGED WITH CERTAIN OFFENSES; PROHIBITION ON 10
113	113	POSSESSION OF FIREARMS 11
114	114	(a) A person shall not possess a firearm if the person: 12
115	115	(1) is a fugitive from justice; 13
116	116	(2) is the subject of a final relief from abuse order issued pursuant to 14
117	117	15 V.S.A. § 1103; 15
118	118	(3) is the subject of a final order against stalking issued pursuant to 16
119	119	12 V.S.A. § 5133 if the order prohibits the person from possessing a firearm; 17
120	120	or 18
121	121	(4) is a person against whom charges are pending for: 19
122	122	(A) carrying a dangerous weapon while committing a felony in 20
123	123	violation of section 4005 of this title; 21 BILL AS INTRODUCED H.200
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127	127	VT LEG #378711 v.1
128	128	(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84, 1
129	129	subchapter 1; or 2
130	130	(C) human trafficking or aggravated human trafficking in violation of 3
131	131	section 2652 or 2653 of this title; or 4
132	132	(5)(A)(i) has been found by the court to be a person in need of treatment 5
133	133	pursuant to section 4822 of this title; or 6
134	134	(ii) has been the subject of a hospitalization order issued by the 7
135	135	court pursuant to 18 V.S.A. § 7617(b)(1) or (2) or a nonhospitalization order 8
136	136	issued by the court pursuant to 18 V.S.A. § 7617(b)(3). 9
137	137	(B) This subdivision (5) shall not apply to a person if the Family 10
138	138	Division grants a petition for relief from firearms disability for the person 11
139	139	pursuant to section 4825 of this title. 12
140	140	(b) A person who violates this section shall: 13
141	141	(1) for a first offense, be imprisoned not more than two years or fined 14
142	142	not more than $1,000.00, or both; or 15
143	143	(2) for a second or subsequent offense, be imprisoned not more than 16
144	144	three years or fined not more than $5,000.00, or both. 17
145	145	(c) As used in this section: 18
146	146	(1) “Firearm” has the same meaning as in section 4017 of this title. 19
147	147	(2) “Fugitive from justice” means a person who has fled to avoid 20
148	148	prosecution for a crime or to avoid giving testimony in a criminal proceeding. 21 BILL AS INTRODUCED H.200
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153	153	Sec. 3. EFFECTIVE DATE 1
154	154	This act shall take effect on passage. 2