Vermont S 329: An act relating to criminal procedures involving firearms

Bill Text

BILLAS INTRODUCED AND PASSED BY SENATE S.329
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S.329
Introduced by Senator Baruth
Referred to Committee on Judiciary
Date: April 15, 2026
Subject: Criminal procedures; firearms
Statement of purpose of bill as introduced: This bill proposes to enact the
following provisions related to firearms: (1) provide that stealing a firearm of
any value constitutes grand larceny; (2) increase the penalties for second or
subsequent offenses of firearms possession by prohibited persons; (3) prohibit
the possession of firearms by persons who have been found by a court to pose
a danger of harm to themselves or others as the result of a mental illness; (4)
prohibit the possession of machine guns; and (5) prohibit the possession of
firearms on premises licensed to serve alcohol.
An act relating to criminal procedures involving firearms
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 13 V.S.A. § 2501 is amended to read:
§ 2501. GRAND LARCENY
(a) A person who steals from the actual or constructive possession of
another, other than from his or her person, money, goods, chattels, bank notes,
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bonds, promissory notes, bills of exchange or other bills, orders, or certificates,
or a book of accounts for or concerning money, or goods due or to become due
or to be delivered, or a deed or writing containing a conveyance of land, or any
other valuable contract in force, or a receipt, release or defeasance, writ,
process, or public record, shall be imprisoned not more than 10 years or fined
not more than $5,000.00, or both, if:
(1) the money or other property stolen exceeds $900.00 in value; or
(2) the property stolen is a firearm of any value.
(b) As used in this section, “firearm” has the same meaning as in section
4017 of this title.
Sec. 2. 13 V.S.A. § 4017 is amended to read:
§ 4017. PERSONS PROHIBITED FROM POSSESSING FIREARMS;
CONVICTION OF VIOLENT CRIME
(a) A person shall not possess a firearm if the person has been convicted of
a violent crime.
(b) A person who violates this section shall:
(1) for a first offense, be imprisoned not more than two years or fined
not more than $1,000.00, or both; or
(2) for a second or subsequent offense, be imprisoned not more than
three years or fined not more than $5,000.00, or both.
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(c) This section shall not apply to a person who is exempt from federal
firearms restrictions under 18 U.S.C. § 925(c).
(d) As used in this section:
(1)(A) “Firearm” means:
(i) any weapon (including a starter gun) that will or is designed to
or may readily be converted to expel a projectile by the action of an explosive;
(ii) the frame or receiver of any such weapon; or
(iii) any firearm muffler or firearm silencer.
(B) “Firearm” shall does not include an antique firearm.
(2) “Antique firearm” means:
(A) Any firearm (including any firearm with a matchlock, flintlock,
percussion cap, or similar type of ignition system) manufactured in or before
1898.
(B) Any replica of any firearm described in subdivision (A) of this
subdivision (2) if the replica:
(i) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition; or
(ii) uses rimfire or conventional centerfire fixed ammunition that
is no longer manufactured in the United States and that is not readily available
in the ordinary channels of commercial trade.
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(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol that is designed to use black powder or a black powder
substitute and that cannot use fixed ammunition. As used in this subdivision
(C), “antique firearm” shall does not include a weapon that incorporates a
firearm frame or receiver, a firearm that is converted into a muzzle loading
weapon, or any muzzle loading weapon that can be readily converted to fire
fixed ammunition by replacing the barrel, bolt, breechblock, or any
combination thereof.
(3) “Violent crime” means:
(A)(i) A listed crime as defined in subdivision 5301(7) of this title
other than:
(I) lewd or lascivious conduct as defined in section 2601 of this
title;
(II) recklessly endangering another person as defined in section
1025 of this title;
(III) operating a vehicle under the influence of alcohol or other
substance with either death or serious bodily injury resulting as defined in
23 V.S.A. § 1210(f) and (g);
(IV) careless or negligent operation resulting in serious bodily
injury or death as defined in 23 V.S.A. § 1091(b);
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(V) leaving the scene of an accident resulting in serious bodily
injury or death as defined in 23 V.S.A. § 1128(b) or (c); or
(VI