By Guy Page
A newly released report from the Vermont Secretary of State’s Office recommends a statewide ban on firearms and other weapons in state and municipal buildings and on the surrounding properties.
The report, submitted to the House and Senate Committees on Judiciary and Government Operations, was required by Act 120 of 2024, which tasked the office with examining policy options for firearms in government buildings.
The same law, introduced as S.209 and which became law without Gov. Scott’s signature on May 28, bans carrying firearms at the polls.
The report suggests the ban should include state property near buildings, but exclude hunting lands. Similarly, the ban should include municipal property near buildings, while exempting hunting lands. The report also suggests that municipalities should have the option to opt out of the ban via a vote at their annual meeting.
Key Points of the Recommendation:
Statewide Ban: The report recommends a statewide prohibition on possessing or carrying firearms or other dangerous weapons on state and municipal property.
Opt-Out for Municipalities: Municipalities should have the ability to opt out of the ban through a vote at their annual meeting, which could apply to some or all of their buildings and land.
Property Definition: The ban should extend to state and municipal property near buildings, but not include hunting lands.
Vehicle Exception: Weapons securely stored in vehicles should be exempt from the ban.
Deadly Weapon Definition: The definition of “deadly or dangerous weapon” should be consistent with state law exempting weapons safely stored in vehicles, and weapons carried by law enforcement, for example.
Signage: Clear signs should be posted outside of state and municipal buildings to inform the public about the new law.
Implementation Timeline: The state needs at least six months to prepare for the ban, while municipalities would need at least twelve months to allow time to opt-out, educate the public, and procure signs.
Current State of the Law Currently, Vermont has a patchwork of rules and policies regarding firearms in government buildings. While there are no statutes prohibiting firearms in most state government buildings, including the State House, the Commissioner of Buildings and General Services (BGS) has established rules prohibiting firearms in these locations. However, these rules do not carry criminal liability. There is an exception for courthouses where a ban does carry criminal penalties.
Municipalities are currently restricted from regulating firearms by the Sportsman’s Bill of Rights. The report notes that some municipalities have attempted to regulate firearms but have been unsuccessful because of this bill.
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BGS: While the Vermont Buildings and Grounds Services Commissioner acknowledged that current rules are working well, she stated the department would seek clarity on expectations for oversight and enforcement if a criminal prohibition were enacted. The BGS also noted a gap in current rules regarding land and parking lots and would like to address this through the administrative rule-making process.
Sergeant at Arms: The Vermont State House Sergeant at Arms, along with Capitol Police, currently enforce the prohibition through voluntary compliance and recommend that, if a criminal prohibition is enacted, weapons be stored offsite. They also recommend that land around the State House be included in the ban.
Vermont League of Cities & Towns: The VLCT supports a default statewide ban with a municipal opt-out provision. They also recommend a definition of “municipal building.”
Clerks & Treasurers: The VMCTA anticipates mixed support for a statewide ban, with many members concerned about personal safety, and prefers to opt-out of the ban by a vote at the annual meeting.
Additional Considerations The report also addressed additional considerations including:
Dangerous Weapons: The report recommends including a definition of dangerous or deadly weapons.
Land: There is support for including land in the ban, while exempting public parks and hunting lands.
Vehicles: Stakeholders expressed concerns about unintentionally violating the law when carrying weapons in their cars, recommending that weapons securely stored in vehicles be exempt from the ban.
Comparison to Other States; The report also reviewed firearm policies in other states, noting that New York and Massachusetts have broad bans on firearms in government buildings, while Connecticut and Maine have partial bans, and New Hampshire and Rhode Island have no such prohibitions.
The report claims to emphasize balancing uniformity with local control, citing the diversity of Vermont’s communities and their varying needs.