Vermont 2025-2026 Regular Session

Vermont House Bill H0381 Compare Versions

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

Old	New	Differences
1	1	BILL AS INTRODUCED H.381
2	2	2025 Page 1 of 6
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5	5	VT LEG #379203 v.1
6	6	H.381 1
7	7	Introduced by Representatives Arsenault of Williston, Rachelson of 2
8	8	Burlington, and Mrowicki of Putney 3
9	9	Referred to Committee on 4
10	10	Date: 5
11	11	Subject: Crimes; gas-operated semiautomatic firearms; manufacture and 6
12	12	transfer prohibited 7
13	13	Statement of purpose: This bill proposes to prohibit the manufacture and 8
14	14	transfer of gas-operated semiautomatic firearms. 9
15	15	An act relating to prohibiting the manufacture and transfer of gas-operated 10
16	16	semiautomatic firearms 11
17	17	It is hereby enacted by the General Assembly of the State of Vermont: 12
18	18	Sec. 1. 13 V.S.A. § 4028 is added to read: 13
19	19	§ 4028. GAS-OPERATED SEMIAUTOMATIC FIREARMS PROHIBITED 14
20	20	(a)(1) A person shall not manufacture, transfer, offer for sale, purchase, or 15
21	21	receive or import into this State any of the following firearms, devices, or 16
22	22	combinations of parts: 17
23	23	(A) a firearm that is included on the list of prohibited gas-operated 18
24	24	semiautomatic firearms published by the Attorney General pursuant to 19
25	25	subsection (e) of this section; 20 BILL AS INTRODUCED H.381
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30	30	(B) a modified nonprohibited firearm that, as modified, operates as a 1
31	31	firearm included on the list of prohibited gas-operated semiautomatic firearms 2
32	32	published by the Attorney General pursuant to subsection (e) of this section; 3
33	33	(C) a combination of parts that is designed and functions to modify 4
34	34	an otherwise nonprohibited firearm so that the firearm, as modified, operates as 5
35	35	a gas-operated semiautomatic firearm included on the list of prohibited gas- 6
36	36	operated semiautomatic firearms published by the Attorney General pursuant 7
37	37	to subsection (e) of this section; 8
38	38	(D) a combination of parts that is designed to be assembled into a 9
39	39	firearm that operates as a firearm included on the list of prohibited gas-10
40	40	operated semiautomatic firearms published by the Attorney General pursuant 11
41	41	to subsection (e) of this section; or 12
42	42	(E) a combination of parts that functions to produce a gas-operated 13
43	43	semiautomatic cycling action. 14
44	44	(2) As used in this subsection, “import” does not include the 15
45	45	transportation back into this State of a gas-operated semiautomatic firearm by 16
46	46	the same person who transported the weapon out of State if the person 17
47	47	possessed it on or before the effective date of this section. 18
48	48	(b) A person who violates subsection (a) of this section shall be imprisoned 19
49	49	for not more than one year or fined not more than $1,000.00, or both. 20 BILL AS INTRODUCED H.381
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54	54	(c) The prohibition on transfer, sale, and purchase of gas-operated 1
55	55	semiautomatic firearms established by subsection (a) of this section shall not 2
56	56	apply to a gas-operated semiautomatic firearm lawfully possessed by a 3
57	57	licensed dealer as defined in subdivision 4019(a)(4) of this title prior to the 4
58	58	effective date of this act and transferred by the dealer on or before October 1, 5
59	59	2025. 6
60	60	(d)(1) This section shall not apply to a gas-operated semiautomatic firearm: 7
61	61	(A) manufactured for, transferred to, or received by the United States 8
62	62	or a department or agency of the United States, or by any state or by a 9
63	63	department, agency, or political subdivision of a state; 10
64	64	(B) transferred to or received by a federal law enforcement officer or 11
65	65	a law enforcement officer certified as a law enforcement officer by the 12
66	66	Vermont Criminal Justice Council pursuant to 20 V.S.A. § 2358, for legitimate 13
67	67	law enforcement purposes; 14
68	68	(C) transferred to or received by a member of the U.S. Armed Forces 15
69	69	or the Vermont National Guard acting within the course of the member’s 16
70	70	official duties; 17
71	71	(D) transferred to a licensee under Title I of the Atomic Energy Act 18
72	72	of 1954 for purposes of establishing and maintaining an on-site physical 19
73	73	protection system and security organization required by federal law, or 20
74	74	possessed by an employee or contractor of such a licensee on-site for these 21 BILL AS INTRODUCED H.381
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79	79	purposes, or off-site for purposes of licensee-authorized training or 1
80	80	transportation of nuclear materials; or 2
81	81	(E) transferred to or received by one immediate family member from 3
82	82	another immediate family member. 4
83	83	(e)(1) On or before October 1, 2025, the Attorney General, in consultation 5
84	84	with the Commissioner of Public Safety, shall publish on its website a list of 6
85	85	gas-operated semiautomatic firearms that satisfy the definition of that term 7
86	86	contained in subsection (f) of this section. The Attorney General shall update 8
87	87	the list required by this subsection on or before October 1 of each year. 9
88	88	(2) Within 60 days after publication of the list of gas-operated 10
89	89	semiautomatic firearms by the Attorney General pursuant to this subsection, an 11
90	90	owner or manufacturer of a gas-operated semiautomatic firearm may appeal its 12
91	91	inclusion on the list to the Civil Division of the Superior Court pursuant to 13
92	92	Rule 75 of the Vermont Rules of Civil Procedure. 14
93	93	(3) The Department of Public Safety shall ensure all federally licensed 15
94	94	firearms dealers in Vermont are provided with a copy of the list of gas-16
95	95	operated semiautomatic firearms published by the Attorney General pursuant 17
96	96	to this subsection. 18
97	97	(f) As used in this section: 19
98	98	(1) “Cycle the action” means to extract the fired cartridge case, chamber 20
99	99	the next cartridge, and prepare the firing mechanism to fire again. 21 BILL AS INTRODUCED H.381
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104	104	(2) “Gas-operated” means any firearm that harnesses or traps a portion 1
105	105	of the high-pressure gas from a fired cartridge to cycle the action using: 2
106	106	(A) a long stroke piston, in which gas is vented from the barrel to a 3
107	107	piston that is mechanically fixed to the bolt group and moves to cycle the 4
108	108	action; 5
109	109	(B) a short stroke piston, in which gas is vented from the barrel to a 6
110	110	piston that moves separately from the bolt group so that the energy is imparted 7
111	111	through a gas piston to cycle the action; 8
112	112	(C) a system that traps and vents gas from either the barrel or the 9
113	113	chamber to directly strike or impinge the bolt, bolt carrier, or slide assembly to 10
114	114	unlock and cycle the action; 11
115	115	(D) a hybrid system that combines elements of a system described in 12
116	116	subdivision (C) of this subdivision (2) with a system described in subdivision 13
117	117	(A) or (B) of this subdivision (2) to capture gas vented from the barrel to cycle 14
118	118	the action; or 15
119	119	(E) a blowback-operated system that directly uses the expanding 16
120	120	gases of the ignited propellant powder acting on the cartridge case to drive the 17
121	121	breechblock or breech bolt rearward. 18
122	122	(3) “Immediate family member” means a spouse, parent, stepparent, 19
123	123	child, stepchild, sibling, stepsibling, grandparent, step-grandparent, grandchild, 20 BILL AS INTRODUCED H.381
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128	128	step-grandchild, great-grandparent, step-great-grandparent, great-grandchild, 1
129	129	and step-great-grandchild. 2
130	130	(4) “Machine gun” has the same meaning as in Section 5845(b) of the 3
131	131	National Firearms Act, 26 U.S.C. § 5845(b), and includes a semiautomatic 4
132	132	firearm that has been modified in any way that: 5
133	133	(A) materially increases the rate of fire of the firearm; or 6
134	134	(B) approximates the action or rate of fire of a machine gun. 7
135	135	(5) “Semiautomatic firearm” means any firearm that: 8
136	136	(A) upon initiating the firing sequence, fires the first chambered 9
137	137	cartridge and uses a portion of the energy of the firing cartridge to: 10
138	138	(i) extract the expended cartridge case; 11
139	139	(ii) chamber the next round; and 12
140	140	(iii) prepare the firing mechanism to fire again; and 13
141	141	(B) requires a separate pull, release, push, or initiation of the trigger 14
142	142	to fire each cartridge; and 15
143	143	(C) is not a machine gun. 16
144	144	Sec. 2. EFFECTIVE DATE 17
145	145	This act shall take effect on October 1, 2025. 18