Conviction under gun storage law could get Fair Haven man a year in prison
By Guy Page
A Fair Haven man could face up to a year in jail if convicted of negligent firearms storage, the crime for which he was arrested November 2.
Fair Haven police say that on October 1, a firearm was reported stolen from the home of Joshua Kruml, 46. A few days later, the firearm was recovered and two juveniles were charged.
Kruml was arrested after police determined he had failed to properly store the weapon as required by state law. “Police learned Kruml allegedly left the firearm on a shelf with open access to the juveniles, which allowed them to steal the weapon,” Cpl. Edward Hunter, the investigating officer, wrote in a police report.
Kruml was arrested and issued a citation to appear in Rutland District court to answer the charge.
The law states that “a person who stores or keeps a firearm within any premises that are under the person’s custody or control, and who knows or reasonably should know that a child or prohibited person is likely to gain access to the firearm, shall be imprisoned not more than one year or fined not more than $1,000.00, or both, if a child or prohibited person gains access to the firearm and uses it in the commission of a crime or displays it in a threatening manner.”
Had the gun been used to injure or kill someone, Kruml would have been liable to up to five years and/or a $5,000 fine, which could lead to being “imprisoned not more than five years or fined not more than $5,000.00, or both, if a child or prohibited person gains access to the firearm and uses it to cause death or serious bodily injury to any person.”
Absolutely absurd. Man has firearm STOLEN from HIS RESIDENCE, reports it to the POLICE, and is then arrested when the firearm is recovered from the THIEVES. What if this same logic was applied to motor vehicle theft and careless and negligent operation by thieves?
If it was an EV, you’d be fine. Otherwise… get an attorney.
What has become of our country???? This is totally ridiculous….
Not the country, Vermont. When left wing clowns like Martin LaLonde and Phillip Baruth are re-elected to the Montpellier circus time and again, this sort of thing is to be expected.
Absolutely ridiculous….
They are manufacturing criminals rather than punishing the thieves. All these laws are the incremental theft of human freedom.
Correct. The ultimate goal of the left in terms of firearms is to make it so inconvenient and risky to own them that people give up on it leaving guns primarily in the hands of criminals.
Yet nobody was arrested or put in jail when they left the door open for theft of tax payer money on EB-5…..
See how that works.
Rules only apply to those who are not lovers of Marxism, globalism and followers of Alinsky.
Our state officials added and abetted the thieves, this many was robbed, big difference.
I see no reason why Kruml should get a free pass. Vermont state law requires secure storage for your firearms. On a shelf in the closet doesn’t quite cut it. There are several good, low cost choices for pistol safes at around fifty bucks. Cheap enough protection for your pistol that probably ran you several hundred bucks.
Larry Giraffe, He should get a pass because that law is null and void as far I’m concerned and courts should consider it as such too! Our state constitution (Article 16) clearly states “That the people have the right to bear arms for the defense of themselves and the State” I can’t bear an arm in defense of myself or anyone else if it’s unloaded and locked up. I and I alone will determine when and if I want certain weapons under lock. At 2:00 AM (or anytime really) I haven’t time to go open my safe, procure a weapon, load it, chamber it when an illegal, hostile invasion is under way. The pump shotgun is waiting close at hand, loaded and unchambered…word to the wise, when you hear that action slide open and close be forewarned…that was the warning shot, ammo is expensive!!!
Yeah let’s run to the safe and find the keys….oh wait their already in The house coming down the hall.
They have my kid with a gun to their head…..WHILE IM TRYING TO GET MY PROTECTION OUT OF THE SAFE. If your protection is not right at jand when you need it what good is it? You wake up, realize someone’s in your house ….but wait I have to go get into the safe for my protection! Do you think those that follow Biden around have to go get their guns from a locked box first before they can protect him?
RE: ” …..is likely to gain access…..”
Good luck getting that to stand up in court.
What’s next, having terminal cancer, hospice, patients held liable for access to morphine? JHFC, are our legislators really this stupid? Aw, never mind.
But NO BAIL for stealing a cruiser and “assault weapon” and so far I see nothing happening to the trooper. WTF?
Its so much more gratifying to prosecute victims than the actual criminals. FORWARD!
Wait, what was the crime committed or when was it displayed in a threatening manner?
Kevin Dougherty VT has a safe storage law now. Unbeknownst to a number of people, apparently.
To “ghoughton”:
The verbiage of the Act 45 or H.230 which was signed into law without signature on June 1, 2023 is listed here:
https://legislature.vermont.gov/Documents/2024/Docs/ACTS/ACT045/ACT045%20As%20Enacted.pdf S
If you knew the law, you would know that Mr. Kevin Dougherty made a factual and appropriate statement.
Respectfully,
Pam Baker
Kevin, they’ll probably say it was a crime to bring it so close to a school. Or, given the logic of the story, the crime was that they STOLE it in the first place.
Typical liberal b.s, punishment for the law abiding citizens and nothing for the criminals. This state politicians are disgusting cowards.
You listening LaLonde, Baruth, and old what’s her name, speaker of the house?
Baruth’s dream of disarming Vermonters is just that, a dream from ignorance.
Ignorance, perhaps. But if you knew Phil you’d see that he’s convinced he’s much smarter than us poor, dumb hicks. He’s from away, don’t ya know.
Lalonde, Lynwood, California, Baruth, Lockport NY. That makes both of them a lot smarter than us ………… 🙂
Life in Vermont would be a lot easier if people stopped voting these Commie progressives into office. How much more of this crap is it going to take?
The legal system is violating this man’s Fourth Amendment rights big time. Read the Fourth Amendment!! This has a chilling effect on private property rights. Will the stormtroopers now feel they can enter your home to search for guns or see if they are stored safely?? Do homeowners now have to ensure the safety of thieves and the general public if their guns are stolen?? Is the responsibility now on them — the innocent party, and not on the thieves who stole their property? What kind of an insane, nutty world are we living in in Vermont? Oh, I guess that is a rhetorical question. We are governed by Socialists in Montpelier.
With any luck this case will be picked up by someone like Judicial Watch who is willing to take it to the Supreme Court if necessary to test its constitutionality.
The info missing from the incident is whether any crime occurred by the firearm thieves to gain access to the dwelling. Also, if uninvited persons entered a private dwelling, regardless of whether it was a forced entry and took something without permission then a crime was committed. If a locked door was breached, how is that any different than a burglar forcing entry to a gun safe or other secondary containment once inside? You can try to prevent or discourage burglary, but a brazen and determined dirtbag can circumvent most any barrier. Even with our ridiculous “safe storage” law, a locked dwelling door should be considered your “safe storage”.
In any case it’s just more sloppy statutory legislation coming out of Montpelier, INTENDED TO BE prosecuted selectively. A locked-up firearm is as useless as tits on a bull and LaLonde, Baruth and everyone who voted to approve this law knows that.
If I could give you more than one like Rich . It is because of scart little flatlander socialists like the afore mentioned (insert your favorite discriptive adjective here) that Vermont has become the socialist cesspool that it has. I am in hopes that when what goes round finally comes round, I am around to see the leaver pulled on the gallows (figuratively speaking, or not?) that sends the message that there are consequences for crapping on the Constitution, and “We the People” that it protects .
Rich, agreed. A locked home should be as “secure” as stored in a gun safe.
Racer X and Rich Lachapelle, your point is taken and understood, but I would go a bit further. A closed door and nobody inviting you in is clear enough message to go no further. Having dogs also helps to reinforce that concept.
Sure, lock up the self protection weapon, and when a criminal is breaking down the door, you can just ask him to wait until you unlock the gun…. — I actually wish a some of these liberals were victims, so they would wake up to reality.
Bizzaro world
You got to be kidding…what is this? Some episode of the Twilight Zone?
The anti-gun crowd believes anyone who owns a gun is a criminal.
Wouldn’t a locked car or a locked home be considered acceptable? Do the police carry a five hundred pound gun safe in the trunks of their cars and use a combination lock before retrieving them?
John, Law enforcement is usually exempt from these ridiculous laws particularly if they are on duty.
I have a comment and a question. Comment first tell them your house is your locked cabinet and they broke into that. Now for the question anyone hear if the homeless that had there guns taken away when the bus got shot out. Are they going to jail for unlocked guns nows the time for this person to press this. If not yell discrimination. At least he had them in his locked house.
I have one comment and one question. The comment first. Just tell them your house is your cabinet it’s locked. Now the question. Everyone Remer the bus that got shot at and 11 guns were taken from homeless people. Did they have cabinets? Are they going to jail? If not this is discrimination. If I were him I would check into that. Sorry 2 questions.
Sorry 2 more questions. What will happen to the person that let the 14 year old in Bristol have a handgun? Who is the owner of that firearm? They should have to go to jail also.
Some appear to be exempt from laws in Vermont.
You’re right, they should. If you can’t keep your weapons safe and someone steals them and uses them, you should go to jail. Sorry if you can’t sleep with your gun under your pillow without a consequence.
To Chris:
“If you can’t keep your weapons safe and someone steals them and uses them, you should go to jail”. I would offer some rationale that disproves your ridiculous statement. I would attempt to be polite and considerate, however inane your comments. I think however you are just another brainwashed troll. Someone who gets off on a dopamine rush when they can get others to respond in a negative manner. I will say, I do hope you fall victim to someone breaking into your home, stealing something of yours and then uses it to commit a crime. I think justice would be served then, if you faced jail time.
What amazes me is that you supposedly are a rational adult human who lives in the real world. I do not think you are a bot. I just find you mildly amusing but mostly have sympathy for you and your family. What is coming down the road will not be easy for you to manage or survive. I’m sorry if you don’t see the truth until it is too late.
Respectfully,
Pam Baker
Should that criminal liability law also apply to you if someone steals your car, woodchipper, axe, chainsaw, 2 by 4, archery set, badminton mallet, lug wrench, propane cylinder, shovel, cinderblock etc etc and uses it to assault someone??? I have observed from statistics that liberalism is a mental disorder, but thanks for your arguments…it’s always good to have extra data points.
Hey Rich, I was specifically talking about guns, do you always move the goalposts when things don’t go your way?
Well Chris ,
That’s the crux of the problem. Why is a gun different than any other method of murder or death?
Do you truly believe a gun is more deadly than other things? I got a slingshot to show you.
Written like a true gun grabber. Ever notice the gun grabbers never seem to contemplate that when law abiding citizens are disarmed only lawbreakers will be armed? If only they could consult more than their emotions when trying to think.
Keep this crap in mind come next election. Do your part. Educate yourself and help elect people that exhibit common sense not just talk about it. Do not let any Marxist run unopposed.
What you write is a good sentiment, but Vermont is lost. There are just too many low information non-thinkers here who would even pull the lever for Hitler if he had a D after his name. Worse, they can’t connect the dots between the ninnies they vote for and results like high taxes, high crime, high cost of living, etc. You will never go wrong underestimating the intelligence of the average Democrat voter.
CRAP
Yup !
UNLESS:
“A child or prohibited person accesses the firearm as a result of an illegal entry.”
Sounds like this charge won’t hold up in court.
HOWEVER – if I had a nickel for every time I’ve said that and was proven wrong by our corrupt system – I’d be wealthy.
Hence the term lawfare….the process is the punishment. Having to defend himself from ridiculous prosecution/persecution is the point of the law.
Sane, law abiding Vermonters really have to ask themselves why they continue to put themselves in harms way by living in the State. Not only do the likes of Baruth, LaLonde and their other Regressive minions feast on the property of Vermonters (taxes, punitive fees, etc.), they also threaten citizens with violence and of arrest when citizens attempt to protect themselves. You can keep wishing for elections to change things but it’s not going to happen. Get used to the unjust in Vermont. A combination of citizen voter apathy, regressives owning media and education systems, a legal system that puts victims last, rigged elections (out of staters who vote) and a legislature that just doesn’t care about you. I think the only options left for Vermonters is to either (a) accept their fate or (b) get out. I wish it weren’t true.
lawrencej013, I believe there are many living in VT of the same gender and age group that actually believe the saying “I’m a Vermonta and I’ll do what I wanta.” And that’s why they don’t vote.
Yes – and at their own peril… Maybe not their generation , but certainly the next few. I think it’ll take Vermont, at a minimum, 3-4 generations to dig themselves out of this Dystopian society that they have allowed to take root…
WTF!!! the victim becomes a criminal because he violated a state law and yet we have an idiot judge who releases criminals that have violated a much more severe laws!! Lets all give rep. Lalonda a round of applause…. he must be grinning from ear to ear
According to the supporters of the law, the lock on one’s home is not considered a “safe storage” of it’s interior firearms. We dont know in this case if any locks were breached or if a trespass or burglary occurred. The thieves may well have been invited into the home and a shiny object of value caught their interest. The law is fairly explicit in that it has to be shown that you “allowed access” to a child or known prohibited person. The law is a little muddy in a case when one inhabitant of a childless, law-abiding household leaves a firearm accessible, and another inhabitant invites in a child or a felon, perhaps not aware that a gun is available. The tragic case in Barre recently of a 3-year old shooting himself while a guest in the house and left unattended illustrates such a tricky situation. An unattended child could have just as easily drank drain cleaner or cut himself with a kitchen knife, but the legislation is specifically and deliberately targeted toward the “evil gun owner”. That is the bothersome issue about this legislation: why does it not apply to any other toxic substance or dangerous object in the home that can be used to cause harm to self or others? The sad reality is that a majority of Vermonters vote to keep onerous laws like this coming down the legislative pipeline.
Why does it matter if they were let into the home? If I have $10k on the shelf and I let someone into my house and they take it out of my house without my permission it’s still stealing and still prosecutable.
Stealing is stealing.
And if they used the stolen money to buy some heroin/fentanyl and left it available where a child could access it and the kid died, they would not be held criminally liable under the same law…You’re right, stealing is stealing. The “safe storage” law is ridiculous because it only applies to firearms and NOT to other dangerous materials or objects. I would be willing to put a Mr Yuck sticker on my gun, as long as it doesn’t interfere with it’s use in a case of imminent threat. I dont have to lock up my home fire extinguisher and those have been used to assault people.
Rich, Precisely.
The criminals are the juveniles who stole the gun. Mr. Kruml has every right to store his gun any way he wants in his own premises. No one should be defenseless in these evil days. It is a God-given right to defend yourself. What say you, the Career Politicians who have armed security? Everyday working and retired American Citizens need to and have a right to defend themselves against crime. One needs to be able to quickly act in a life-threatening scenario, especially in your own home. Having your firearm locked away gives the criminal time to physically harm or kill you. Response time is paramount. 2nd Amendment. Our Constitution stands. There is an evil regime at play in America trying to destroy our Constitution, Values, Way of Life, so that the Globalists plan of a New World Order will be accomplished.
Rich, exactly! Anyone remember this? I do!
https://case-law.vlex.com/vid/state-v-wright-no-887901805
If you want to have a gun available for emergency use in your own home wear it ! That’s what I take away from this over reach into our homes, and vehicles. They put us in that position, give them waht they asked for !
I think it has some to this
Mr. Finnie we agree here. I’ve been saying that since the beginning of this law. Everyone wear their firearm everywhere you go in an open carry fashion so they get what they wanted. Maybe they’ll get used to them instead of being scared of them.
Patrick, I typically do, but I tend to not prefer wearing it when I sleep, although I have fallen asleep on the couch with it on…it’s a pretty comfy rig. Still though, nothing beats the old pump shotgun next to the bed to deal with unwelcome night visitors four legged or two legged!
That’s ass backwards! You let gun toting mental health thieves go free but you lock up a gun owner??? Are you out of your minds??
How about the parents of the juveniles? Did they not have enough time to teach them right from wrong? They are the real criminals here. And the cops, get rid of those. They have caused and created more problems then they solved, and apparently do not have enough to do to keep them out of trouble.
Disgusting that Vermont’s conservative party committee refuses to capitalize on this issue criminalizing the vast majority of residents vs. championing a unwinnable cause 77% of Vermonters are galvanized against. Do you have to be a certified imbecile to enter politics in Vermont?
So I guess you don’t report gun thefts then. That ought to help limit criminal access to stolen guns. Hey, Springfield, Mass, you paying attention?
Yes, but the big take away and real question here is: how many Vermonters have been truly paying attention, and knew about this law? We have to talk about this stuff daily with all the sheeple we encounter on a daily basis. The vast majority are oblivious, and most don’t even vote. Most think voting is a waste of time, and in some aspects that true, hence this law here. But we need to share this crap with people and explain to them why this is a problem, no just the gun issue. It is infringement on our rights. Reminds me of the story of the thief whom hurts themselves breaking in, and is able to sue the homeowner or business. Same think, just trying to take away people right to bear arms. If you haven’t figured it out yet, November next year is important. We the people, with our heads not in our own rear ends. Need to talk to people and remind them of these restrictions. Most are self absorbed and consumed, but not everyone is stupid, just ignorant and complacent. Speak up people, the future of this State depends on it. God bless!
OK I looked over the article and then the comments, I see one glaring omission to FACTS of this.
This man is an EXAMPLE, nothing more. Also called LAWFARE.
A well regulated militia does not make it so their weapons are inaccessible to them in an emergency.
So, let’s look up the standard definition from Merriam Webster Dictionary for emergency;
an unforeseen combination of circumstances or the resulting state that calls for immediate action.
It also sounds like a 2nd amendment violation too.
Please tell me how anyone can do what that law says in an emergency.
If a nut is beating down your door, are you calm enough to open that safe and then run across the house for that ammo?
When are we Americans going to put a stop to this foolishness?
It also sounds like a 2nd amendment violation soo.
I still like the motto: Out of my cold dead hands.
Having the last bastion of freedom and common sense in Ummerica…the Supreme Court rule on this issue is the answer, invalidating all the stupid state and municipal storage requirements.
Meanwhile, the FBI is hunting a military veteran in the New Jersey woods like rabid dogs. His crime? No one knows expect it has to do with January 6, 2021. As we know, there are a number of military veterans locked up in the DC gulag and federal prisons around the country without due process. The alleged crime? They were at or near the Capitol on Fedsurrection Day. Except Ray Epps, he got a pass and a ceremonial charge to hopefully take the hot spotlight off him.
If the corrupt justice system can make an example out of anyone, the J6 detainees and Mr. Kruml are examples. Isn’t it interesting to see who is charged, who is locked up, and who is not. The details and facts of who and for what speaks volumes.
Like we all didn’t know this was going to happen. They (the Commiecrat politicians) were just waiting to have an example of how their new law works. The crime rate is out of control in Vermont caused by all the Communist politicians’ policies that way they could pass laws to strip us of our rights in the name of safety for the community.
It would have been a different headline if he was home and shot the perpetrators with that same gun.
“There’s no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for me to live without breaking laws. Who wants a nation of law-abiding citizens? What’s there in that for anyone? But just pass the kind of laws that can neither be observed or enforced nor objectively interpreted – and you create a nation of law-breakers – and then you cash in on guilt.” – Ann Rand
THE 2nd AMENDMENT DOES NOT GRANT US THE RIGHT TO KEEP AND BEAR ARMS. THE 2nd AMENDMENT TELLS THE GOVERNMENT IT CANNOT INFRINGE ON OUR RIGHT TO KEEP AND BEAR ARMS – PERIOD! THEREFORE, ALL GUN CONTROL UNDER THE CONSTITUTION IS ILLEGAL!
The SCOTUS will strike this down and admonish the state legislators and Governor of Vermont for what we all know they are, authoritarian marxist dictators.
I’m in hopes that these ridiculous attempts at disarming “We the People” are seen as what they are, an attempt by disingenuous politicians who want to ensure their own safety, and ability disarm us. As I have said before, there is a proper way to change the Constitution, and that is not by throwing excrement at a wall to see what sticks ! When politicians circumvent this process because they know that what they seek to do is contrary to the Constitution, they should be charged with sedition, and/or treason for subverting the oath they have sworn to uphold. There needs to be real consequences for these disingenuous dirt bags !
This is the kind of crap that happens when you vote for democrats. Vermont voters are lazy and ignorant. They vote by name recognition and never look to see what is really in the package. And they fail to track their reps to see what they are up to. Vermont needs better voters.
Kathleen, you are right, but in the mean time we have to work with what we have.
According to VT’s own statistics 39 people died last year under the age of 25 for fatal overdoses of drugs (illegal or pharmaceutical) and a total of 636 people died across all age groups from 2019 to 2022.
https://www.healthvermont.gov/sites/default/files/document/dsu-fatal-overdoses-age-circumstance.pdf
By contrast 75 people died by gunshot wounds across all age groups (finding the actual number of under 25 is somewhat obscured of course)
https://www.healthvermont.gov/sites/default/files/documents/pdf/HSRV-Injury-Firearm-2022.pdf
If I take 636 and divide it by 3 years I get 212 people per year, which is a far cry from 75 people per year.
(If only they made it possible to compare apples to apples….)
So why aren’t we locking up people who don’t store their drugs properly? Why are we letting dealers go back on the streets?
Bottom line if they cared for your life Gun Violence wouldn’t be what they were after…. in fact they would be after the doctors.
Just google “medical malpractice deaths per year in us” if you don’t believe me….
You can always see & read a response from the liberals, it’s never the perpetrator
of the crime, it’s the firearm that’s at fault, and you can see from this article the home got broken into and personal item was stolen ” Firearm “, now we all know that a
criminal wouldn’t be stealing a ” tea set ” the are criminals…………… fools in charge !!
DC Vs. Heller 2008
“Similarly, the requirement that any lawful firearm in the
home be disassembled or bound by a trigger lock makes it impossible
for citizens to use arms for the core lawful purpose of self-defense and
is hence unconstitutional.”
https://www.law.cornell.edu/supct/pdf/07-290P.ZS pg. 3
Would a lawyer or better yet a politician like to chime in here and tell me what the difference is between a lock around the gun and on the gun in terms of the lawful purpose of self-defense?