Vermont S 131: An act relating to approval of an amendment to the charter of the City of Burlington relating to the possession of firearms

Bill Text

BILLAS INTRODUCED AND PASSED BY SENATE S.131
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S.131
Introduced by Senator Baruth
Referred to Committee on Government Operations
Date: March 21, 2025
Subject: Municipal and county government; municipal charters; City of
Burlington; amendments; firearms
Statement of purpose of bill as introduced: This bill proposes to approve an
amendment to the charter of the City of Burlington to prohibit the possession
of firearms in any building or on any real property or parking area under the
ownership or control of an establishment licensed to serve alcohol for on-
premises consumption.
An act relating to approval of an amendment to the charter of the City of
Burlington relating to the possession of firearms
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. CHARTER AMENDMENT APPROVAL
The General Assembly approves the amendment to the charter of the City
of Burlington as set forth in this act. Voters approved the proposal of
amendment on March 4, 2025.
Sec. 2. 24 App. V.S.A. chapter 3 is amended to read:
CHAPTER 3. CITY OF BURLINGTON
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BILLAS INTRODUCED AND PASSED BY SENATE S.131
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§ 510. BAN ON FIREARMS IN ANY ESTABLISHMENT WITH A FIRST-
CLASS LIQUOR LICENSE
(a) This section expressly supersedes 24 V.S.A. §§ 2291(8) and 2295 and
authorizes the City to regulate the possession and carrying of firearms pursuant
to this section.
(b) Ban. Within the City of Burlington, no person may carry or possess a
firearm, as defined by 13 V.S.A. § 4016(a)(3), in any building or on any real
property or parking area under the ownership or control of an establishment
licensed to serve alcohol on its premises.
(c) Exceptions. This provision shall not apply to:
(1) any federal, State, or local law enforcement officer acting within the
scope of that officer’s official duties;
(2) any member of the armed forces of the United States or the Vermont
National Guard acting within the scope of that person’s military duties;
(3) any government officer, agent, or employee authorized to carry a
weapon and acting within the scope of that officer’s duties; or
(4) the owner or operator of an establishment licensed to serve alcohol,
provided that person is not prohibited from possessing or carrying that weapon
under any other federal, State, or local law.
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BILLAS INTRODUCED AND PASSED BY SENATE S.131
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(d) Penalties. The penalty for any violation of this section shall be as
follows:
(1) Criminal offense. Any violation of this section may be considered a
criminal offense, which shall be punishable by a fine of not more than
$1,000.00 or imprisonment for not more than 90 days.
(2) Civil offense. Any violation of this section may also be considered a
civil ordinance violation punishable by a civil penalty of not less than $200.00
and not more than $500.00 and civil forfeiture of the weapon pursuant to
subdivision (3) of this subsection.
(3) Forfeiture. Upon probable cause that a person is in violation of this
provision, a law enforcement officer may seize the weapon involved in the
violation. The person from whom the weapon is seized, or the owner of the
weapon, may appeal the forfeiture of the weapon within 30 days following the
seizure to the Civil Division of the Superior Court, pursuant to 12 V.S.A.
chapter 102 and Rule 74 of the Vermont Rules of Civil Procedure. In any
appeal, the burden of proof shall rest upon the City to establish the violation
by a preponderance of the evidence. If the City fails to establish the required
burden of proof, the items shall be returned to the person from whom they
were seized. If no appeal is taken within 30 days, or if the City prevails in the
Superior Court proceedings, the seized items shall become the property of the
City of Burlington.
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Sec. 3. EFFECTIVE DATE
This act shall take effect on passage.
Sec. 1. CHARTER AMENDMENT APPROVAL
The General Assembly approves the amendment to the charter of the City of
Burlington as set forth in this act. Voters approved the proposal of amendment
on March 4, 2025.
Sec. 2. 24 App. V.S.A. chapter 3 is amended to read:
CHAPTER 3. CITY OF BURLINGTON
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§ 510. BAN ON FIREARMS IN PREMISES LICENSED TO SERVE
ALCOHOLIC BEVERAGES
(a) Statutes superseded. This section expressly supersedes 24 V.S.A. §§
2291(8) and 2295 and authorizes the City to regulate the possession and
carrying of firearms pursuant to this section.
(b) Ban. Within the City of Burlington, no person may knowingly possess a
firearm, as defined by 13 V.S.A. § 4016(a)(3), in any premises licensed to serve
alcoholic beverages.
(c) Exceptions. This provision shall not apply to:
(1)(A) a second-class licensed premises, including premises used for a
retail alcoholic beverage tasting permit;
(B) sidewalks or public highways that