By Guy Page

S4, the ‘replacement’ gun control bill created last week in the wake of the House’s inability to muster 100 votes to override Gov. Phil Scott’s veto of S30, passed the House last night.

Now, S4 faces a possible veto threat of its own. It passed the House by a 90-42 margin: 10 votes shy of the 100 needed to override a gubernatorial veto, should it occur. 

Because the Senate-originated S4 passed the House without amendment, it does not need to return to the Senate. Instead, it will be sent directly to Gov. Phil Scott for his approval or veto.  Whether he will turn thumbs up or down is uncertain. 

Scott vetoed S30, the main gun control bill of the 2021-22 biennium, because (he said) Vermont already has enough gun control laws, and because S30’s 30-day-waiting period for federal background check review was excessive. 

After S4 limited the waiting period to seven days, Gov. Scott’s legal team signed off on the bill. However, that was before Sen. Joe Benning raised a serious constitutional problem with S4: it goes further than any other Vermont law in allowing the government to seize personal property without notification. 

“Even though proponents claim it is ‘just temporary,’ this bill clearly eliminates due process of law by depriving someone of their property on a mere accusation, almost always at a time when the owner of that property has no idea a court proceeding is taking place,” Benning said. “This represents a significant shift in constitutional law and it should not go unnoticed. My greater fear is that this establishes a precedent for the next attempt to erode constitutional rights.”

Yesterday’s House roll call on S4:

Achey of Middletown Springs Nay

Ancel of Calais Yea

Anthony of Barre City Yea

Arrison of Weathersfield Yea

Austin of Colchester Yea

Bartholomew of Hartland Yea

Beck of St. Johnsbury Yea

Birong of Vergennes Yea

Black of Essex Yea

Bluemle of Burlington Yea

Bock of Chester Yea

Bongartz of Manchester Yea

Bos-Lun of Westminster Yea

Brady of Williston Yea

Brennan of Colchester Nay

Briglin of Thetford Yea

Brown of Richmond Yea

Brownell of Pownal Absent

Brumsted of Shelburne Yea

Burditt of West Rutland Absent

Burke of Brattleboro Yea

Burrows of West Windsor Yea

Campbell of St. Johnsbury Yea

Canfield of Fair Haven Nay

Chase of Colchester Yea

Christie of Hartford Yea

Cina of Burlington Absent

Coffey of Guilford Yea

Colburn of Burlington Yea

Colston of Winooski Absent

Conlon of Cornwall Yea

Copeland Hanzas of Bradford Yea

Corcoran of Bennington Yea

Cordes of Lincoln Yea

Cupoli of Rutland City Nay

Dickinson of St. Albans Town Nay

Dolan of Essex Yea

Dolan of Waitsfield Yea

Donahue of Northfield Nay

Donnally of Hyde Park Yea

Durfee of Shaftsbury Yea

Elder of Starksboro Absent

Emmons of Springfield Yea

Fagan of Rutland City Yea

Feltus of Lyndon Nay

Gannon of Wilmington Nay

Garofano of Essex Yea

Goldman of Rockingham Yea

Goslant of Northfield Nay

Grad of Moretown Yea

Graham of Williamstown Nay

Gregoire of Fairfield Nay

Hango of Berkshire Nay

Harrison of Chittenden Nay

Helm of Fair Haven Nay

Higley of Lowell Nay

Hooper of Burlington Nay

Hooper of Montpelier Yea

Hooper of Randolph Nay

Houghton of Essex Yea

Howard of Rutland City Yea

James of Manchester Yea

Jerome of Brandon Yea

Jessup of Middlesex Yea

Kascenska of Burke Nay

Killacky of South Burlington Yea

Kimbell of Woodstock Yea

Kitzmiller of Montpelier Absent

Kornheiser of Brattleboro Yea

Krowinski of Burlington Not Voting

Labor of Morgan Absent

LaClair of Barre Town Nay

LaLonde of South Burlington Yea

Lanpher of Vergennes Yea

Laroche of Franklin Nay

Lefebvre of Newark Nay

Lefebvre of Orange Nay

Leffler of Enosburgh Nay

Lippert of Hinesburg Yea

Long of Newfane Yea

Marcotte of Coventry Nay

Martel of Waterford Absent

Masland of Thetford Yea

Mattos of Milton Absent

McCarthy of St. Albans City Yea

McCormack of Burlington Yea

McCoy of Poultney Nay

McCullough of Williston Yea

McFaun of Barre Town Nay

Morgan of Milton Nay

Morgan of Milton Nay

Morris of Springfield Yea

Morrissey of Bennington Nay

Mrowicki of Putney Yea

Mulvaney-Stanak of Burlington Yea

Murphy of Fairfax Yea

Nicoll of Ludlow Yea

Nigro of Bennington Yea

Norris of Sheldon Nay

Norris of Shoreham Nay

Notte of Rutland City Yea

Noyes of Wolcott Nay

O’Brien of Tunbridge Yea

Ode of Burlington Yea

Page of Newport City Nay

Pajala of Londonderry Yea

Palasik of Milton Absent

Parsons of Newbury Nay

Partridge of Windham Yea

Patt of Worcester Absent

Pearl of Danville Absent

Peterson of Clarendon Nay

Pugh of South Burlington Yea

Rachelson of Burlington Yea

Rogers of Waterville Yea

Rosenquist of Georgia Nay

Satcowitz of Randolph Yea

Scheu of Middlebury Yea

Scheuermann of Stowe Nay

Shaw of Pittsford Nay

Sheldon of Middlebury Yea

Sibilia of Dover Yea

Sims of Craftsbury Yea

Small of Winooski Yea

Smith of Derby Nay

Smith of New Haven Absent

Squirrell of Underhill Yea

Stebbins of Burlington Yea

Stevens of Waterbury Yea

Strong of Albany Nay

Sullivan of Dorset Absent

Surprenant of Barnard Yea

Taylor of Colchester Yea

Terenzini of Rutland Town Absent

Till of Jericho Yea

Toleno of Brattleboro Yea

Toof of St. Albans Town Nay

Townsend of South Burlington Yea

Troiano of Stannard Yea

Vyhovsky of Essex Yea

Walker of Swanton Absent

Walz of Barre City Yea

Webb of Shelburne Yea

White of Bethel Absent

White of Hartford Yea

Whitman of Bennington Yea

Williams of Granby Nay

Wood of Waterbury Yea

Yacovone of Morristown Yea

Yantachka of Charlotte Yea