Vermont Legislature Considering Red Flag, Gun Storage Law

The Vermont Legislature is reviewing a bill, H.230, aimed at reducing suicides by introducing gun storage rules, a 72-hour waiting period for gun purchases, and expanding the state’s extreme risk protection order law.

The bill says that its purpose is “to prevent death by suicide by reducing access to lethal means of firearms.”

Chris Bradley, the treasurer and secretary of the Vermont State Rifle and Pistol Association and also the president and executive director of the Vermont Federation of Sportsmen’s Clubs, says while he appreciates the bill’s aim, he questions its effectiveness.

Democratic state Rep. Alyssa Black, the bill’s primary sponsor, did not respond to requests for comment.

The state Senate Judiciary Committee heard from Bradley, attorney Eric Fitzpatrick from the Office of Legislative Counsel, and Vermont Attorney General Charity Clark on April 6.

Fitzpatrick said that some witnesses will say the bill is unconstitutional, and some will say it is constitutional, but there is no guarantee of results. He said it is unclear exactly how recent U.S. Supreme Court decisions will apply to this law. One recent decision, in 2008, saw the case of District of Columbia v. Heller strike down a Washington law requiring guns to be unloaded and locked away.

H.230 requires all firearms to be kept separately from ammunition in a locked container or with a lock or other device that makes the firearm inoperable. It provides an exception if an authorized person is carrying the firearm or has it in “close proximity” and also provides an exception if an unauthorized person uses an unsecured firearm in an otherwise legal self-defense situation.

Clark told the committee that the self-defense exception complies with Heller’s decision, but Bradley had a different take, stating that a firearm that is locked away isn’t ready to be used for self-defense and interferes with Second Amendment rights.

Changing the Culture

A Democratic state committee member, Sen. Philip Baruth, said that there is language in Heller to preserve gun storage rules and the measure is meant to “change the culture” for gun owners.

“We’re trying to push people as hard as we can to lock up their guns,” Baruth said, adding that he does not read Heller as preventing this.

Bradley took issue with the proposed 72-hour waiting period, stating that it is unconstitutional to tell someone that they have to wait, especially regarding someone who is under threat by a stalker. Supporters of the law said the waiting period would provide suicidal individuals with time to reconsider their plans. Democratic state Sen. Tanya Vyhovsky, who works as a social worker, said 72 hours is the standard cooling time given to people in crisis by most mental health professionals.

Bradley claimed that there is no evidence that the waiting period would prevent anyone from committing suicide.