BILL AS INTRODUCED S.131
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S.131 1
Introduced by Senator Baruth 2
Referred to Committee on 3
Date: 4
Subject: Municipal and county government; municipal charters; City of 5
Burlington; amendments; firearms 6
Statement of purpose of bill as introduced: This bill proposes to approve an 7
amendment to the charter of the City of Burlington to prohibit the possession 8
of firearms in any building or on any real property or parking area under the 9
ownership or control of an establishment licensed to serve alcohol for on-10
premises consumption. 11
An act relating to approval of an amendment to the charter of the City of 12
Burlington relating to the possession of firearms 13
It is hereby enacted by the General Assembly of the State of Vermont: 14
Sec. 1. CHARTER AMENDMENT APPROVAL 15
The General Assembly approves the amendment to the charter of the City 16
of Burlington as set forth in this act. Voters approved the proposal of 17
amendment on March 4, 2025. 18
Sec. 2. 24 App. V.S.A. chapter 3 is amended to read: 19
CHAPTER 3. CITY OF BURLINGTON 20 BILL AS INTRODUCED S.131
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§ 510. BAN ON FIREARMS IN ANY ESTABLISHMENT WITH A FIRST - 2
CLASS LIQUOR LICENSE 3
(a) This section expressly supersedes 24 V.S.A. §§ 2291(8) and 2295 and 4
authorizes the City to regulate the possession and carrying of firearms pursuant 5
to this section. 6
(b) Ban. Within the City of Burlington, no person may carry or possess a 7
firearm, as defined by 13 V.S.A. § 4016(a)(3), in any building or on any real 8
property or parking area under the ownership or control of an establishment 9
licensed to serve alcohol on its premises. 10
(c) Exceptions. This provision shall not apply to: 11
(1) any federal, State, or local law enforcement officer acting within the 12
scope of that officer’s official duties; 13
(2) any member of the armed forces of the United States or the Vermont 14
National Guard acting within the scope of that person’s military duties; 15
(3) any government officer, agent, or employee authorized to carry a 16
weapon and acting within the scope of that officer’s duties; or 17
(4) the owner or operator of an establishment licensed to serve alcohol, 18
provided that person is not prohibited from possessing or carrying that weapon 19
under any other federal, State, or local law. 20 BILL AS INTRODUCED S.131
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(d) Penalties. The penalty for any violation of this section shall be as 1
follows: 2
(1) Criminal offense. Any violation of this section may be considered a 3
criminal offense, which shall be punishable by a fine of not more than 4
$1,000.00 or imprisonment for not more than 90 days. 5
(2) Civil offense. Any violation of this section may also be considered a 6
civil ordinance violation punishable by a civil penalty of not less than $200.00 7
and not more than $500.00 and civil forfeiture of the weapon pursuant to 8
subdivision (3) of this subsection. 9
(3) Forfeiture. Upon probable cause that a person is in violation of this 10
provision, a law enforcement officer may seize the weapon involved in the 11
violation. The person from whom the weapon is seized, or the owner of the 12
weapon, may appeal the forfeiture of the weapon within 30 days following the 13
seizure to the Civil Division of the Superior Court, pursuant to 12 V.S.A. 14
chapter 102 and Rule 74 of the Vermont Rules of Civil Procedure. In any 15
appeal, the burden of proof shall rest upon the City to establish the violation by 16
a preponderance of the evidence. If the City fails to establish the required 17
burden of proof, the items shall be returned to the person from whom they 18
were seized. If no appeal is taken within 30 days, or if the City prevails in the 19
Superior Court proceedings, the seized items shall become the property of the 20
City of Burlington. 21 BILL AS INTRODUCED S.131
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Sec. 3. EFFECTIVE DATE 2
This act shall take effect on passage. 3