Legislation

Governor Scott lets Ghost Gun Ban pass without signature, signs drug crime and bail reform bill

Getting your Trinity Audio player ready...

Governor Phil Scott has allowed a controversial gun control bill to become law without his signature, and has signed the Legislature’s effort to give courts more control over youthful drug crime and violent offenders and ‘catch and release’ arrests.

On May 28, Governor Scott allowed S.209, prohibiting unserialized firearms and unserialized firearms frames and receivers, to become law without his signature. He explained his decision in this letter to the General Assembly.

As a public safety measure, I agree firearms should be serialized, which is why I’m allowing this bill to become law despite some concerns about its practicality and impact.

Over the last decade, as anti-policing policies increased and criminal accountability has steadily decreased, violent crime has grown in Vermont. This is why I believe we should instead focus on measures that will reverse these trends over those, like S.209, that are unlikely to have any measurable impact on violent crime.

In addition to my concerns about this bill’s effectiveness, I would have preferred the Legislature not criminalize mere possession when there is no evidence of criminal intent. I also strongly believe the Legislature should reinstate the gun show exemption to the 3-day waiting period, which was supported by the Senate this session, and I hope the Legislature will revisit this next session. The 3-day waiting period was enacted to prevent individuals from impulsively purchasing a weapon to take their own life, and the evidence does not support that these types of purchases would happen at a gun show. 

I appreciate, however, that legislators found some middle ground and removed the 3-day waiting period for a firearm owner seeking to have a firearm serialized. The waiting period, which like gun shows, made no sense in this context and would have deterred compliance.

Again, while my concerns on the practical impacts and enforceability keep me from signing this bill, I’m allowing it to go into law because I understand the fears behind access to untraceable firearms and respect the effort to tailor the scope and exceptions to limit impact for law abiding citizens.  

S.58, a public safety bill, allows courts to prosecute youth in criminal court:

  • Children 16-18 years old for using a firearm in commission of a felony, drug trafficking, and aggravated stalking.
  • Children ages 12-14 accused of sexual assault or aggravated sexual assault.

The law also:

  • Allows a family court hearing to decide whether youth should be tried as adults for human trafficking and defacing the serial numbers of weapons. And it requires the State to report to a legislative oversight committee every month on the status of juvenile holding facilities and programs.
  • adds xylazine (‘trank’, a veterinary tranquilizer) to the list of hard drugs subject to heavy sentencing.
  • Sets an irrevocable sentence of at least two full years for drug trafficking with death resulting, unless “the court makes
    findings on the record that the sentence will serve the interests of justice.”

  • Requires next-day arraignment for dealing in someone else’s home – “a person cited or arrested for dispensing or selling a regulated drug in violation of this chapter shall be arraigned on the next business day after the citation or arrest if the alleged illegal activity occurred at a dwelling where the person is not a legal tenant.”
  • Gives prosecutor more discretion on whether to ‘catch and release’: S.58 says that “Unless the person is held without bail for another offense, the State’s Attorney may request conditions of release.” While not requiring a suspect be held, the law does give the state’s attorney more discretion to impose bail.

Governor Scott issued the following statement:

“Over the last year, Vermonters have made it clear public safety is a top concern. So, my Administration proposed a public safety package this session to address the issues facing our communities. While we would have liked S.58 to go further in some areas, this marks a step in the right direction and I’m hopeful the judiciary will utilize the tools in this bill to hold habitual offenders accountable.

I also want to thank Senator Sears and Representative LaLonde for their willingness to work with us on this. It’s another example of how progress can be made when both sides are willing to work together – each giving a little – to come to a compromise.”

To view a complete list of action on bills passed during the 2024 legislative session, click here.



Discover more from Vermont Daily Chronicle

Subscribe to get the latest posts sent to your email.

Categories: Legislation

12 replies »

  1. one year from now we will see if any of these changes will have any results///

  2. Yes, feckless Phil does what he does best, puts his head in the sand on a non-issue
    bill S209, so where’s the data showing this is an issue…….. I wait, but that’s what I thought………. pure BS !!

    More liberal nonsense, ” Ghost Gun ” now that sounds scary………but only to Liberals.
    and that includes Scott, Wake up people

  3.  King Philip the 1st Eunuch King of Castrati so called “Republican” has stabbed all of the conservative voters in Vermont in the back again. This feckless person allowed this so-called Ghost Gun law to pass into law. Applying the recent Bruen decision makes this law unconstitutional because put into historical context citizens were allowed to build their own guns in the past. There were no serial numbers in the past. There were no waiting periods in the past. There were no magazine restrictions in the past. He knows this but he has to placate the Commiecrats that put him in office. Lenin called them “useful idiots”; a naive or credulous person who can be manipulated or exploited to advance a cause or political agenda

    THE 2nd AMENDMENT DOES NOT GRANT US THE RIGHT TO KEEP AND BEAR ARMS. THE 2nd AMENDMENT PROHIBITS THE GOVERNMENT FROM INFRINGING ON OUR RIGHT TO KEEP AND BEAR ARMS. THEREFORE, ALL GUN CONTROL UNDER THE CONSTITUTION IS ILLEGAL – PERIOD!

    The Eunuch King has made the big time with his latest betrayal of his constitutional oath on three national web sites.

    https://www.breitbart.com/2nd-amendment/2024/05/29/vermonts-republican-governor-allows-ban-ghost-guns-become-law/

    https://dailycaller.com/2024/05/29/governor-phil-scott-ghost-gun-ban-serial-numbers-reports/

    https://bearingarms.com/tomknighton/2024/05/29/gutless-governor-approves-vermont-ghost-gun-bill-through-inaction-n1225060

    It isn’t a surprise when your stabbed in the back. It’s a surprise when you turn around and see who’s holding the knife.

  4. Ghost Gun case SCOTUS April 22, 2024: “The Supreme Court agreed on Monday to take up a Biden administration appeal over the regulation of difficult-to-trace ghost guns that had been struck down by lower courts.” “U.S. District Judge Reed O’Connor, in Fort Worth, Texas, struck down the rule last year, concluding that it exceeded the Bureau of Alcohol, Tobacco, Firearms and Explosives’ authority. O’Connor wrote that the definition of a firearm in federal law does not cover all the parts of a gun. Congress could change the law, he wrote. A panel of the 5th U.S. Circuit Court of Appeals…largely upheld O’Connor’s ruling. The Supreme Court allowed the regulation to remain in effect while the lawsuit continues.”

    The dog and pony show of these “rule” changes being tougher on crime is hoodwinking balderdash. According to the Feds, crime rates are down – the kicker is the Fed no longer requires crimes be reported to the DOJ/FBI. Senator Dick Sears (D-Bennington County) Chair of the Judiciary Committee for 20 years is akin to Jeffrey Epstien being a dorm leader at a sorority.

  5. Vermont is a prime target of propaganda, surely VTDigger is in on this, their censorship of the Vermont public is legion, many, myself included moderated off the platform…..

    https://www.infowars.com/posts/breaking-major-lawsuit-filed-against-obama-deep-state-censorship-system/

    There is a reason VTDIGGER removed the comment section, truth tellers in the comments were being too effective. They are operated and funded by non-profits and NGO’s, it is a political tool for the golden dome and the NWO pimps that are doing their bidding.

    They are terrified of sunlight….shine on brothers and sisters, shine on….

  6. Hmmm…. My kids built a ‘potato canon’, decades ago now, using PVC, a standard barbeque ignition switch, and hair spray as the propellant. It’s like a bazooka. Does it qualify as a ‘ghost gun’?

    • To answer your question, more than likely if the kids tried to sell it.

      Better yet, ask Bryan Malinowski. Oh, you can’t, the ATF raided his home and shot him in the head for selling at a gun show without a license.

  7. “Ghost Gun” is another made up word like “Assault Rifle” that the progressive, liberal, uneducated left wants to use at every opportunity to give the impression that they are informed and know what they’re talking about, when they really haven’t got a frigging clue.
    Golly, they managed to impose a 72-hour waiting period in Vermont between purchasing a firearm and actually taking possession of it, to help close the “Gun Show Loop Hole,” (more made up words), to prevent dangerous spur of the moment violence. All they’ve done is eliminate the anticipated seasonal Gun Shows around the state, that drew thousands of people, spending a lot of money, generating a lot of tax receipts. Say goodbye to yet another Vermont tradition. We’ve got to get rid of these stupid, out-of-state, flatland, carpetbaggers. In the for what it’s worth department, my BB Gun doesn’t have a serial number–you fools want to come and take it?

  8. Oxymoron: Having a federal agency the Bureau of Alcohol, Tobacco, Firearms and Explosives created to regulate a right. A right cannot be regulated. Thats why it’s called a right. Please tell me what other government agency in existence there that is regulates any of the other nine rights enumerated in the Bill of Rights. NONE!

  9. Democrats and progressives like to restrict firearm access to the law-abiding and push for this useless proposal because “ghost guns can’t be traced”. Tracing a gun’s origins is only useful when there is an intent to prosecute crimes, and the demoprogs have shown that they have no interest in actually prosecuting violent criminals.

  10. How many carbons is this one going to use up? 72-hour waiting is doubling the carbon to buy a gun. I guess it’s not such a climate emergency when these bills force you to drive around everywhere for no reason and carbon everything up. Some people might need to drive 2 hours or more to find an FFL that does serialization. While you are driving to the FFL are you a criminal on your way there? By the time you are done with this BS you could just buy a fresh manufactured lower for about the same price. Your government hates you. That extra money you’d save by not doing this could be spent on buying something that is more efficient and uses less carbons. Is this not a forced illegal “tax”?

    Didn’t they pass a constitutional amendment that says you can’t be forced to work without compensation? I’d consider this a lot of extra work. Isn’t there a bill that allows us to sue government for making us use more carbons? When it’s found that these bills are illegal, will the folks who made it go to prison, or are there no consequences when “they” break the laws?