The Vermont House of Representatives approved a so-called “Ghost Gun” bill, which prohibits firearms in polling places and instructs the Vermont Secretary of State to present a report on whether guns should be banned in public buildings by state law or by each municipality.
The report is due by Dec. 31, 2024.
S209, the “Vermont Ghost Guns Act,” was passed after its third reading on April 24, 2024, and will now go to Gov. Phil Scott for his signature.
Gov. Scott’s office did not respond to a request for comment.
This includes guns built from kits or guns made from scratch, such as with a 3-D printer.
This does not apply to guns manufactured before 1968, antique guns, or guns that have been rendered permanently inoperable.
A first offense carries a fine of up to $500, a sentence of up to one year in prison, or both.
A second offense carries a fine of up to $1,000 and not more than two years in jail or both.
Subsequent offenses ratchet the penalty up to a $2,000 fine, three years in prison, or both.
Carrying a gun without a serial number during the commission of a violent crime would be a felony and bring the possibility of five years in prison, a possible $5,000 fine, or both.
Rep. Arthur Peterson (R-Rutland-2) predicted that just as many ghost guns will be found at crime scenes after the bill is signed as there are now because criminals won’t comply.
“I don’t see how this is going to stop crime,” he said after the bill’s second reading on April 18.
Its supporters claim it will be easier for police to trace guns used in crimes. It will also prevent criminals from getting their hands on untraceable firearms, they say.
Rep. Angela Arsenault (D-Chittenden-2), pointed out that the serial number is an investigative tool.
“Guns can be stolen regardless of a gun maker’s intent. A serial number is just a matter of course for responsible gun ownership,” she said.
An amendment to allow municipalities to prohibit guns in public buildings was withdrawn in favor of an amendment to study the issue.
Rep. Martin LaLonde (D-Chittenden-12) offered the amendment to instruct the Vermont Secretary of State, in consultation with the Vermont League of Cities and Towns and the Vermont Municipal Clerks and Treasurers Association, to produce a report advising on whether a ban on guns in public buildings should be implemented statewide, or left up to each local government.
Mr. LaLonde said Everytown for Gun Safety, Moms Demand Action, and the Vermont Federation of Sportsmen’s Clubs support his amendment calling for the report.
Chris Bradley, president of the Vermont Federation of Sportsmen’s Clubs, previously submitted written testimony in which he stated that his group guardedly supports gathering information.
Mr. Bradley pointed out that Mr. LaLonde’s main point is to establish gun-free zones. He wrote that gun-free zones are a failed strategy.
“Gun-Free Zones, unless protected by screening and guards, cannot be considered safe places for those who wish to provide the means of the defense of themselves and others,” Mr. Bradley wrote.
Rep. Anne Donahue (R-Washington-1) said she also supports the idea of gathering information, but she was concerned about the language in the amendment.
According to Ms. Donahue, the amendment is written in a way that presupposes guns will be banned in public buildings.
“We should not be making a predetermination,” she said on the House Floor. “I will not be supporting the bill.”
Under the bill, any firearm, frame or receiver, and certain firearm parts must be taken to a federal firearms license (FFL) holder to have a serial number assigned.
Failure to do so could result in fines and a prison sentence.
The legislation would also require the license holder to complete a background check through the National Instant Criminal Background Check system before transferring an item back after a serial number has been affixed.
If the transfer is denied based on the background check, the FFL is required to turn the item over to law enforcement “for disposition.”
