Gunrights

How YOUR representative voted on gun seizure bill

(Editor’s note: H133 was approved with a veto-proof majority March 12 in the Vermont House of Representatives. It’s now in the Senate. Here’s how your local representative voted. To see a media/legislator contact list for your town and county, click here.)

By Rob Roper

H.133 – AN ACT RELATING TO EMERGENCY RELIEF FROM ABUSE ORDERS AND RELINQUISHMENT OF FIREARMS

PASSED
in the State House of Representatives
on March 12, 2021, by a vote of
102-44

Purpose: To outline measures that can be legally taken to protect an alleged victim of abuse, “Upon a finding that there is an immediate danger of further abuse.” The most controversial part of the bill is section (E), which would require the accused “to immediately relinquish, until the expiration of the order, all firearms that are in the defendant’s possession, ownership, or control, and to refrain from acquiring or possessing any firearms while the order is in effect.”

Analysis: Those voting YES believe this is a reasonable protection for victims of domestic abuse.

Those voting NO believe this is a violation of the Second Amendment the US and Article 16 of the Vermont Constitutions, by taking away rights to bear arms without due process of law, noting that the subject of the order is not required to be informed of the hearing and the order can be granted without the defendant having an opportunity to be present, present evidence or have any representation.

As Recorded in the House Journal, Friday, March 12, 2021: “Shall the bill pass? Rep. Morrissey of Bennington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the bill pass? was decided in the affirmative. Yeas, 102. Nays, 44.” (Read the Journal, p. 2 -4). Watch the floor debate on YouTube.

How They Voted
(Click on your Rep’s name to send an email)

Sally Achey (R – Middletown Springs) – NO
Janet Ancel (D – Calais) – YES
Peter Anthony (D – Barre) – YES
Norman Arrison (D – Weathersfield) – YES
Sarita Austin (D – Colchester) – YES
John Bartholomew (D – Hartland) – YES
Lynn Batchelor (R – Derby) – NO
Scott Beck (R – St. Johnsbury) – YES
Matthew Birong (D – Vergennes) – YES
Alyssa Black (D – Essex) – YES
Tiffany Bluemle (D – Burlington) – YES
Thomas Bock (D – Chester) – YES
Seth Bongartz (D – Manchester) – YES
Michelle Bos-Lun (D – Westminster) – YES
Erin Brady (D – Williston) – YES
Patrick Brennan (R – Colchester) – NO
Timothy Briglin (D – Thetford) – YES
Jana Brown (D – Richmond) –YES
Nelson Brownell (D – Pownal) – NO
Jessica Brumsted (D – Shelburne) – YES
Thomas Burditt (R – West Rutland) – NO
Mollie Burke (P/D – Brattleboro) – YES
Elizabeth Burrows (P/D – West Windsor) –YES
Scott Campbell (D – St. Johnsbury) – YES
Bill Canfield (R – Fair Haven) – NO
Seth Chase (D – Colchester) –  YES
Kevin “Coach” Christie (D – Hartford) – ABSENT
Brian Cina (P/D – Burlington) – YES
Sara Coffey (D – Guilford) – YES
Selene Colburn (P/D – Burlington) – YES
Hal Colston (D – Winooski) – YES
Peter Conlon (D – Cornwall) – YES
Sarah Copeland-Hanzas (D – Bradford) – YES
Timothy Corcoran (D – Bennington) – YES
Mari Cordes (D/P – Lincoln) – YES
Lawrence Cupoli (R – Rutland) – NO
Lynn Dickinson (R – St. Albans) – NO
Karen Dolan (D – Essex)– YES
Kari Dolan (D – Waitsfield) – YES
Kate Donnally (D – Hyde Park) – YES
Anne Donahue (R – Northfield) – YES
David Durfee (D – Shaftsbury) – YES
Caleb Elder (D – Starksboro) – YES
Alice Emmons (D – Springfield) – YES
Peter Fagan (R – Rutland) – NO
Martha Feltus (R – Lyndon) – NO
John Gannon (D – Wilmington) –  YES
Leslie Goldman (D – Bellows Falls) – YES
Kenneth Goslant (R – Northfield) – NO
Maxine Grad (D – Moretown) – YES
Rodney Graham (R – Williamstown) – NO
James Gregoire (R – Fairfield) –  NO
Lisa Hango (R – Birkshire) – NO
James Harrison (R – Chittenden) – NO
Robert Helm (R – Fair Haven) – NO
Mark Higley (R – Lowell) – NO
Robert Hooper (D – Burlington) – YES
Mary Hooper (D – Montpelier) – YES
Philip Hooper (D – Randolph) – ABSENT
Lori Houghton (D – Essex) – YES
Mary Howard (D – Rutland) – YES
Kathleen James (D – Manchester) – YES
Stephanie Jerome (D – Brandon) – YES
Kimberly Jessup (D – Middlesex) – YES
John Killacky (D – S. Burlington) – YES
Charles Kimbell (D – Woodstock) – YES
Warren Kitzmiller (D – Montpelier) – YES
Emilie Kornheiser (D – Brattleboro) – YES
Jill Krowinski (D – Burlington) – PRESIDING
Robert LaClair (R – Barre) – NO
Martin LaLonde (D – S. Burlington) – YES
Diane Lanpher (D – Vergennes) – YES
Paul Lefebvre (R – Newark) – YES
Samantha Lefebvre (R – Orange) – NO
Felisha Leffler (R – Esburgh) – NO
William Lippert (D – Hinesburg) – YES
Emily Long (D – Newfane) – YES
Michael Marcotte (R – Coventry) – NO
Marcia Martel (R – Waterford) – NO
Paul Martin (R – Franklin) – NO
James Masland (D – Thetford) – YES
Christopher Mattos (R – Milton) – NO
Michael McCarthy (D – St. Albans) – YES
Curtis McCormack (D – Burlington) – YES
Patricia McCoy (R – Poultney) – NO
James McCullough (D – Williston) – YES
Francis McFaun (R – Barre) – NO
Leland Morgan (R – Milton) – NO
Michael Morgan (R – Milton) – NO
Kristi Morris (D – Springfield) – YES
Mary Morrissey (R – Bennington) – NO
Michael Mrowicki (D – Putney) – YES
Emma Mulvaney-Stanak (D – Burlington) – YES
Barbara Murphy (I – Fairfax) – YES
Logan Nicoll (D – Ludlow) – YES
Michael Nigro (D – Bennington) –YES
Robert Norris (R – Sheldon) – NO
Terry Norris (I – Shoreham) – NO
William Notte (D – Rutland) – YES
Daniel Noyes (D – Wolcott) – YES
John O’Brien (D – Tunbridge) – YES
Carol Ode (D – Burlington) – YES
“Woody” Page (R – Newport) – NO
Kelly Pajala (I – Londonderry) – YES
John Palasik (R – Milton) –NO
Joseph Parsons (R – Newbury) – NO
Carolyn Partridge (D – Windham) – YES
Avram Patt (D – Worcester) – YES
Henry Pearl (D – Danville) –YES
Arthur Peterson (R – Clarendon) – NO
Ann Pugh (D – S. Burlington) – YES
Barbara Rachelson (D/P – Burlington) – YES
Marybeth Redmond (D – Essex) – YES
Lucy Rogers (D – Waterville) – YES
Carl Rosenquist (R – Georgia) – NO
Larry Satcowitz (D – Randolph) – YES
Brian Savage (R – Swanton) – NO
Robin Scheu (D – Middlebury) – YES
Heidi Scheuermann (R – Stowe) – YES
Patrick Seymour (R – Sutton) – NO
Charles “Butch” Shaw (R – Pittsford) – NO
Amy Sheldon (D – Middlebury) – YES
Laura Sibilia (I – Dover) – YES
Katherine Sims (D – Craftsbury) – YES
Taylor Small (P/D – Winooski) – YES
Brian Smith (R – Derby) – NO
Harvey Smith (R – New Haven) – NO
Trevor Squirrell (D – Underhill) – YES
Gabrielle Stebbins (D – Burlington) – YES
Thomas Stevens (D – Waterbury) – YES
Vicki Strong (R – Albany) – NO
Linda Joy Sullivan (D – Dorset) – YES
Heather Suprenant (D – Barnard) – YES
Curt Taylor (D – Colchester) – YES
Thomas Terenzini (R – Rutland) –NO
George Till (D – Jericho) – YES
Tristan Toleno (D – Brattleboro) – ABSENT
Casey Toof (R – St. Albans) – NO
Maida Townsend (D – South) – YES
Joseph “Chip” Troiano (D – Stannard) – YES
Tanya Vyhovsky (P/D – Essex) – YES
Tommy Walz (D – Barre) – YESKathryn Webb (D – Shelburne) – YES
Kirk White (P/D – Bethel) – YES
Rebecca White (D – Hartford) – YES
Dane Whitman (D – Bennington) – YES
Terri Lynn Williams (R – Granby) – YES
Theresa Wood (D – Waterbury) – YES
David Yacovone (D – Morristown) – YES
Michael Yantachka (D – Charlotte) – YES

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14 replies »

  1. Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. — C. S. Lewis, God in the Dock Essays on Theology

  2. Despite any, and all logical arguments I have, and can make to contradict any attempt at infringing on 2nd Amendment, and Article 16 rights, my district Representative will always say that it is her opinion that it does not, and that “as with all rights, none are absolute.” The sad part (to me) is that she is not one of the woke wanna be Vermonters that over populate under the “Golden Dumb”, she was born and raised here among real Vermonters, whom she has totally turned her back on. I would like to attribute her leftness to the institution of her “higher education” but…. I just know that as a fairly conservative, born Vermonter, living in Vermont is “challenging” these days.

  3. Half the harm that is done in this world is due to people who want to feel important. They don’t mean to do harm– but the harm does not interest them. Or they do not see it, or they justify it because they are absorbed in the endless struggle to think well of themselves.
    — T. S. Eliot

  4. “The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it. No one is bound to obey an unconstitutional law, and no courts are bound to enforce it.”
    — 16 Am Jur 2d, Sec 177 late 2d, Sec 256

    • ” and no courts are bound to enforce it.” And yet time and again the courts do enforce them. So here we are again.

      • The courts are definitely compromised, Patrick, but the statement “No one is bound to obey an unconstitutional law” supersedes attempted infringement whether by courts, state, or federal legislators.

  5. I’ve more carefully read this bill in the context of Vermont’s Rules of Civil Procedure, and would like any Vermont Senator, Representative or attorney (so inclined) to expound on the above claim that this bill takes away a defendant’s right to bear arms ‘without due process of law’. Vermont’s Rules of Civil Procedure, as cited in this bill, after all, define ‘due process’.

    Please don’t misunderstand me. I’m a firm supporter of the 2nd Amendment.

    But before I comment further about this bill, please explain why its confiscatory remedies are limited to the imposed ‘relinquishment’ of ‘firearms’. Why does the bill not include any object that can be used as a weapon? …including but not limited to bombs (pipe bombs or Molotov cocktails), knives, spears, a bow and arrow (a crossbow), clubs (baseball bats and hammers), etc.? …even a motor vehicle?

    • May I suggest that in my opinion, it is because so many people in this country have become so urbanized that the saying that “only two kinds of people have guns, good guys (cops) and bad guys, (criminals) is viewed as accurate. To these folks hunting, target shooting, and self defense are not ligitimate reasons.The days of a kid bringing his firearm to school with him so he can go hunting after school is sadly long gone. Now adays if a kid tried that he’d end up in a jail cell right next to his parents. Ever hear of the The Protection of Lawful Commerce in Arms Act (PLCAA) ? This is a law which was enacted specifically to protect the firearms industry, and the wholesale/retail sales network from frivolous law suits which were bankrupting the industry. Before it, unscrupulous lawyers would sue a gun company if one of their guns were used in a crime. This would be akin to someone suing Ford if one of their vehicles were found to have been used to intentionally run someone over, and kill them, but who would think it proper to blame Ford ? Do you suppose that if someone killed someone with a Louisville Slugger that someone would sue the bat maker ? Firearms just scare the bejezus out of some folks so badly, and some lawyers are so sleazy that a special protection for the firearms industry was needed. Mind you, it was, and still is lawful to sue someone that produces a product that is faulty, and thus may cause injury. This is the kind of “feeling” that drives the anti gun hysteria, and why we are unlikely to see this kind of reaction to felonious actions involving “bombs (pipe bombs or Molotov cocktails), knives, spears, a bow and arrow (a crossbow), clubs (baseball bats and hammers), etc.? …even a motor vehicle?” or Alfred’s baby, Dynamit Nobel.

      • Is it a surprise to anyone that legislation like this occurs as far a field from any election as is possible and that not one approving Representative or Senator has commented here on the people’s forum? They operate behind closed doors, then skulk about in the shadows – until election time when memories of this episode will have evaporated – they hope.

  6. As an avid Sportsman, Hunter and Fisherman who has hunted from Vermont to Wyoming and Alaska for the last 50 years, one never knows how horrible this actual situation can become – losing ones right to hunt, hold or even shoot a firearm until you have been there, and to think of having those very fine cherished tools, albeit being firearms, crossbows, conventional bow and arrows spears, knives, or whatever your passion is to provide food, game, and recreation confiscated without notice is not only unconstitutional it is unconscionable !!!. One should ALWAYS have the ability provided for himself or herself to be heard and their ability to express themselves before their possessions are seized. If this bill is approved then there is no limit as to what can be “taken” next. However this bill is worded, due process MUST be maintained for the Freedom that we have to exist in a Democracy. Individual rights must NOT be minimized to the extent that they no longer even exist.

  7. a waste of the people time and money. There is already this law on the federal books that forbid anyone in a domestic violence case to lose there right to firearms. All states are doing is making more un needed laws that are already on the books instead of enforcing the ones we have that would do the job you want. WE have enough on the books now if they are enforced.

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