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.