Burlington City Council Approves Gun Regulations

On Oct. 21, the Burlington City Council voted to approve several provisions of a new gun regulation in an effort to curb violence in Vermont.

The three resolutions passed would allow police to seize firearms in households of suspected domestic abuse, require safe methods of gun storage such as trigger locks and lockboxes and prohibit firearms in establishments with liquor licenses.

A fourth provision, which would have created a permit system for concealed carry in Vermont, was not approved.

A committee responsible for recommending changes to the city charter will review the legislation before it is brought to a public hearing. If approved by voters during a March referendum, the legislation still must be approved by the state legislature before it takes effect.

Mayor of Burlington Miro Weinberger and Police Chief Mike Schirling supported the three reforms that passed, but not the provision regarding concealed carry.

The Office of the Mayor released a statement commenting on the matter.

“The proposed Charter Changes on domestic violence reform, prohibiting guns in bars, and safe storage provide helpful new tools for law enforcement,” Schirling said.
Ann Braden, Lead organizer for Gun Sense Vermont did not believe that the permit system for concealed carry was as crucial.

“The issues that we have at the state level are youth suicide, domestic violence, gun trafficking, and the gun-to -drug trade,” Braden said. “I don’t think [a permit system] is directly tied to the problems that we have.”

Another piece of legislation that was eventually dropped would have made semi-automatic rifles illegal. The press release also included Weinberger’s opinion regarding that proposition. He opposed both this and the permit system, which he believed would create “a patchwork of local regulation that would be problematic for responsible Vermont gun owners.” Braden admits that the local legislation is potentially problematic.

“Ideally, it should happen at the federal level; it’s not going to happen at the federal level,” Braden said. “The next best situation is the state. I don’t think we really want to go town by town, but if we want that to happen the state legislatures have to actually take this issue up and make it happen.”

However, many opponents argue that all of the new legislation is illegal. Evan Hughes, vice president of The Vermont Federation of Sportsmen’s Clubs, cited “Dillon’s Rule” as grounds for his disapproval.

Colloquially known by gun owners as ‘The Vermont Sportsmen’s Bill of Rights’, Dillon’s Rule states that municipal power is vested only through explicit permission.

“Counties and municipalities are entities of the state and only have those powers granted by the state,” Hughes said. The new legislation, he argues, steps outside these bounds.

Hughes also cited Vermont Statue 24 V.S.A. § 2291, which states that local government has the power to “regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof.”

Councilor Norman Blais, a member of the Charter Change Committee, disagrees.

“Any suggestion that what we’re doing is illegal is just wrong,” said Blais in an interview with the Burlington Free Press.

“For someone to suggest this evening that what is being proposed is not reasonable regulation, I don’t think they’re facing up to the reality of what we’re talking about,” Blais said.

Braden agreed, stating that the reforms are “not about taking anything away from anyone, but about making sure that the people who have guns are responsible.”

Braden believes that gun reform has been overlooked for too long in Vermont. The Green Mountain State endures approximately 10 deaths from firearms per 100,000, the most of any state in the Northeast.

“What we need as a society to do, is to come together and say, ‘We all are in favor of responsible firearm ownership. Let’s make sure that only responsible people can get those firearms,’” Braden said.

In the referendum this March, Burlington residents will have to decide if this path is the right one.