Vermont Senate Could Soon Vote on Gun Control Bill Aimed at Preventing Suicide

A bill to reduce suicides by instituting gun storage laws, setting a 72-hour waiting period for gun purchases, and expanding Vermont’s extreme risk protection order statute is working through the legislature and has picked up some changes.

One of the bill’s primary opponents is cautiously optimistic, but with three weeks left in this legislative session, he is not making any firm predictions.

“There’s still plenty of time for shenanigans,” Chris Bradley, secretary and treasurer of the Vermont State Rifle and Pistol Association, told The Epoch Times.

“The purpose of this legislation is to prevent death by suicide by reducing access to lethal means of firearms,” Bill H.230 reads.

Democratic State Representative Alyssa Black, the bill’s principal sponsor, did not answer an email requesting comment.

A police firearm is shown in this file photo. The national debate about gun control has focused on limiting access to firearms, but safe use and storage of legally owned guns is an ongoing issue. Martin Bureau/AFP/Getty Images

The bill is before the State Senate Judiciary Committee, scheduled for markup on April 26. Markup is when committee members strike through, highlight or underline text to indicate desired changes.

Bradley said the bill has already undergone significant changes.

H.230 initially required all firearms to be stored separately from ammunition in a locked container or with a lock or other device that renders the firearm inoperable. It provided an exception if an authorized firearm user is carrying it or has it in “close proximity.”

Bradley said this requirement was ruled unconstitutional by the U.S. Supreme Court in the 2008 District of Columbia v. Heller decision. According to that decision, requiring a gun owner to make a firearm inoperable infringes on Second Amendment rights.

That language has been removed from H.230, along with penalties for failure to store a gun safely. The bill would still hold a gun owner accountable for crimes or accidents due to irresponsible storage.

‘We Support the Safe Storage’

Bradley said his organizations support that.

“We support the safe storage of firearms,” he said. “There would be civil actions probably far more severe for anything happening if you don’t store [firearms] safely.”

He said the gun rights groups closely monitor the extreme risk protection order, so-called red flag law, language in the bill. While they still oppose red flag laws, Bradley said he was glad to see one change.

Current Vermont law requires that extreme risk protection orders be taken before a judge by a state’s attorney or attorney general. The judge could issue an order if it is determined that there is “clear and convincing” evidence.

The law also requires the person subject to the order to be notified under due process.

Tougher Standard Set

H.230 would have allowed a family or household member to petition the court for a 14-day emergency order that a judge could issue after a “preponderance of the evidence.”

The respondent would not have to be notified before their firearms were confiscated.

According to Bradley, the committee has agreed to make the standard clear and convincing evidence for the 14-day temporary order as well.

Bradley said the lesser standard of a preponderance of the evidence could open the door to abuse by people carrying a grudge or wanting to cause trouble. While he is pleased with the change, Bradley said the groups oppose the red flag laws because they deny respondents’ due process rights.

“That is something we cannot support,” he said.

Waiting Period Is ‘Up in the Air’

Bradley also took issue with the bill’s proposed 72-hour waiting period. He said there is no evidence that this would prevent anyone from committing suicide. But it could leave the target of a stalker vulnerable for three days.

In written testimony for an April 5, 2023, hearing before the committee, supporters said the waiting period would provide suicidal people time to reconsider their plans. Democratic State Sen. Tanya Vyhovsky, a committee member and social worker, said 72 hours is the standard cooling time for people in crisis.

Ironically, while Bradley opposes the waiting period, he said it might be what stops the law. He said the waiting period is “up in the air.” Supporters of the bill want the waiting period. Vermont Gov. Phil Scott has indicated he might veto the legislation if it includes a waiting period, Bradley said.

Scott could not be reached for comment.

Bradley believes his side can muster the votes in the Senate to sustain a veto. Still, he said it’s too early to predict how things will shake out.

He said Democratic State Sen. Dick Sears Jr., Judiciary Committee chairman, is taking his time with the bill. Bradley said Sears is meticulous and will not call for a vote until he is sure it’s ready.

“I think the chair is proceeding very cautiously,” Bradley said.