1 | 1 | | BILL AS INTRODUCED H.264 |
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2 | 2 | | 2025 Page 1 of 5 |
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5 | 5 | | VT LEG #379583 v.1 |
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6 | 6 | | H.264 1 |
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7 | 7 | | Introduced by Representatives Arsenault of Williston, Black of Essex, Austin 2 |
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8 | 8 | | of Colchester, Berbeco of Winooski, Bishop of Colchester, 3 |
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9 | 9 | | Burkhardt of South Burlington, Christie of Hartford, Goldman 4 |
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10 | 10 | | of Rockingham, McCann of Montpelier, McGill of Bridport, 5 |
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11 | 11 | | Nugent of South Burlington, Priestley of Bradford, and Scheu 6 |
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12 | 12 | | of Middlebury 7 |
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13 | 13 | | Referred to Committee on 8 |
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14 | 14 | | Date: 9 |
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15 | 15 | | Subject: Crimes; firearms; safe storage 10 |
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16 | 16 | | Statement of purpose of bill as introduced: This bill proposes to require safe 11 |
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17 | 17 | | storage of firearms irrespective of whether a person accesses an unsafely stored 12 |
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18 | 18 | | firearm and uses it in the commission of a crime or displays it in a threatening 13 |
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19 | 19 | | manner. 14 |
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20 | 20 | | An act relating to safe storage of firearms 15 |
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21 | 21 | | It is hereby enacted by the General Assembly of the State of Vermont: 16 |
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22 | 22 | | Sec. 1. 13 V.S.A. § 4024 is amended to read: 17 |
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23 | 23 | | § 4024. NEGLIGENT SECURE FIREARMS STORAGE 18 |
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24 | 24 | | (a)(1) Prohibition. A person who stores or keeps a firearm shall not, within 19 |
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25 | 25 | | any premises that are under the person’s custody or control, and who store or 20 BILL AS INTRODUCED H.264 |
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29 | 29 | | VT LEG #379583 v.1 |
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30 | 30 | | keep a firearm if the person knows or reasonably should know that a child or 1 |
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31 | 31 | | prohibited person is likely to gain access to the firearm, shall be unless the 2 |
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32 | 32 | | person stores or keeps the firearm: 3 |
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33 | 33 | | (1) separate from ammunition; and 4 |
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34 | 34 | | (2) in a locked container or equipped with a tamper-resistant mechanical 5 |
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35 | 35 | | lock or other safety device, properly engaged so as to render the firearm 6 |
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36 | 36 | | inoperable by any person other than the owner or authorized user. 7 |
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37 | 37 | | (b) Penalties. A person who violates subsection (a) of this section shall be: 8 |
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38 | 38 | | (1) fined not more than $100.00; 9 |
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39 | 39 | | (A)(2) imprisoned not more than one year or fined not more than 10 |
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40 | 40 | | $1,000.00, or both, if a child or prohibited person gains access to the firearm 11 |
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41 | 41 | | and uses it in the commission of a crime or displays it in a threatening manner; 12 |
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42 | 42 | | or 13 |
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43 | 43 | | (B)(3) imprisoned not more than five years or fined not more than 14 |
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44 | 44 | | $5,000.00, or both, if a child or prohibited person gains access to the firearm 15 |
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45 | 45 | | and uses it to cause death or serious bodily injury to any person. 16 |
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46 | 46 | | (2)(c) This subsection Exceptions. Subsection (a) of this section shall 17 |
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47 | 47 | | not apply if: 18 |
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48 | 48 | | (A)(1) the firearm is carried by or within such close proximity that it 19 |
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49 | 49 | | can be readily retrieved and used by the owner or another authorized user; 20 BILL AS INTRODUCED H.264 |
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53 | 53 | | VT LEG #379583 v.1 |
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54 | 54 | | (B)(2) a child or prohibited person accesses the firearm as a result of 1 |
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55 | 55 | | an illegal entry; or 2 |
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56 | 56 | | (C)(3) a child or prohibited person accesses and uses the firearm 3 |
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57 | 57 | | during the course of a lawful act of self-defense or defense of another person; 4 |
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58 | 58 | | or 5 |
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59 | 59 | | (D) the person stores or keeps the firearm in a locked container or 6 |
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60 | 60 | | equipped with a tamper-resistant mechanical lock or other safety device. 7 |
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61 | 61 | | (b)(d)(1) Information distribution. At any location where a licensed dealer 8 |
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62 | 62 | | conducts firearm sales or transfers, the licensed dealer shall conspicuously 9 |
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63 | 63 | | display a sign containing the information required by subdivision (2) of this 10 |
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64 | 64 | | subsection in any area where the sales or transfers occur. The sign shall be 11 |
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65 | 65 | | posted so that it can be easily viewed by persons purchasing or receiving 12 |
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66 | 66 | | firearms, and the sign shall not be removed, obscured, or rendered illegible. If 13 |
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67 | 67 | | the location where the sales or transfers occur is the premises listed on the 14 |
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68 | 68 | | dealer’s federal firearms license, an additional sign shall be placed at or near 15 |
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69 | 69 | | the entrance to the premises. 16 |
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70 | 70 | | (2) The sign required by subdivision (1) of this subsection shall be at 17 |
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71 | 71 | | least eight and one-half inches high by 11 inches wide and shall contain black 18 |
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72 | 72 | | text at least half an inch high against a white background. The sign shall 19 |
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73 | 73 | | contain the following text and no other statements or markings: 20 BILL AS INTRODUCED H.264 |
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77 | 77 | | VT LEG #379583 v.1 |
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78 | 78 | | “WARNING: Access to a firearm in the home significantly increases 1 |
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79 | 79 | | the risk of suicide; death during domestic violence disputes; and the 2 |
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80 | 80 | | unintentional death of children, household members, and others. If you or a 3 |
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81 | 81 | | loved one is experiencing distress or depression, call the 988 Suicide and Crisis 4 |
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82 | 82 | | hotline or text “VT” to 741741. 5 |
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83 | 83 | | Vermont law requires gun owners to securely store their firearms 6 |
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84 | 84 | | separately from ammunition in their homes and other premises under their 7 |
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85 | 85 | | control if a person prohibited from purchasing or possessing firearms or a child 8 |
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86 | 86 | | is likely to gain access to them. Failure to securely store firearms as required 9 |
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87 | 87 | | by law may result in criminal prosecution. It is important that the owner of a 10 |
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88 | 88 | | firearm seek firearm safety instructions from a certified firearms instructor and 11 |
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89 | 89 | | keep firearms secured from unauthorized use. Posted pursuant to 13 V.S.A. 12 |
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90 | 90 | | § 4024.” 13 |
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91 | 91 | | (c)(e) As used in this section: 14 |
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92 | 92 | | (1) “Authorized user” means a person 18 years of age or older who is 15 |
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93 | 93 | | not a prohibited person and who has been authorized to carry or use the firearm 16 |
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94 | 94 | | by the owner. 17 |
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95 | 95 | | (2) “Child” means a person under 18 years of age. 18 |
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96 | 96 | | (3) “Firearm” has the same meaning as in subsection 4017(d) of this 19 |
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97 | 97 | | title. 20 BILL AS INTRODUCED H.264 |
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101 | 101 | | VT LEG #379583 v.1 |
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102 | 102 | | (4) “Licensed dealer” means a person issued a license as a dealer in 1 |
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103 | 103 | | firearms pursuant to 18 U.S.C. § 923(a). 2 |
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104 | 104 | | (5) “Locked container” means a box, case, chest, locker, safe, or other 3 |
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105 | 105 | | similar receptacle equipped with a tamper-resistant lock. 4 |
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106 | 106 | | (6) “Prohibited person” means a person who is prohibited from 5 |
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107 | 107 | | possessing a firearm by state or federal law or by court order. 6 |
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108 | 108 | | (7) “Serious bodily injury” has the same meaning as in subdivision 7 |
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109 | 109 | | 1021(a)(2) of this title. 8 |
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110 | 110 | | Sec. 2. EFFECTIVE DATE 9 |
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111 | 111 | | This act shall take effect on passage. 10 |
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