Vermont H 606: An act relating to community resilience and biodiversity protection

Bill Text

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No. 134. An act relating to firearms relinquishment and storage
procedures.
(H.606)
It is hereby enacted by the General Assembly of the State of Vermont:
Sec. 1. 20 V.S.A. § 2307 is amended to read:
§ 2307. FIREARMS RELINQUISHED PURSUANT TO RELIEF FROM
ABUSE ORDER OR EXTREME RISK PROTECTION ORDER;
STORAGE; FEES; RETURN
(a) Definitions. As used in this section:
(1) “Federally licensed firearms dealer” means a licensed importer,
licensed manufacturer, or licensed dealer required to conduct national instant
criminal background checks under 18 U.S.C. § 922(t).
(2) “Firearm” shall have has the same meaning as in 18 U.S.C.
§ 921(a)(3).
(3) “Law enforcement agency” means the Vermont State Police, a
municipal police department, or a sheriff’s department.
(4) “Third party” means a person other than a cooperating law
enforcement agency or an approved federally licensed firearms dealer.
(b) Relinquishment.
(1) A person who is required to relinquish firearms, ammunition, or
other weapons in the person’s possession by a court order issued under
15 V.S.A. chapter 21 (abuse prevention); 13 V.S.A. chapter 85, subchapter 2
(extreme risk protection orders); or any other provision of law consistent with

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18 U.S.C. § 922(g)(8) shall, unless the court orders an alternative
relinquishment pursuant to subdivision (2) of this subsection, upon service of
the order immediately relinquish the firearms, ammunition, or weapons to a
cooperating law enforcement agency or an approved federally licensed
firearms dealer. As used in this subdivision, “person” means anyone who
meets the definition of “intimate partner” under 18 U.S.C. § 921(a)(32) or who
qualifies as a family or household member under 15 V.S.A. § 1101, or any
person who is subject to an extreme risk protection order. The court may order
an alternative relinquishment to a third party if after a hearing the court finds
that the alternative relinquishment adequately protects the safety of the
protected parties.
(2)(A) The court may order that the person relinquish the firearms,
ammunition, or other weapons to a person other than a cooperating law
enforcement agency or an approved federally licensed firearms dealer unless
the court finds that relinquishment to the other person will not adequately
protect the safety of the victim.
(i) Firearms shall not be held by a third party unless approved by
the court using the process set forth in this subdivision (2).
(ii) A final relief from abuse hearing under 15 V.S.A. § 1103 or an
extreme risk protection order hearing under 13 V.S.A. § 4053 shall not be
continued solely for the purpose of approval of a third party. If the court is
unable to accommodate hearing from the proposed third party at the hearing or

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if the defendant is not prepared to present the third party, the defendant may
file a motion using a form approved by the court administrator to request a
hearing at a later date on whether the proposed third party should be permitted
to hold surrendered firearms.
(iii) To be considered as a third party eligible to hold surrendered
firearms, the third party shall agree to undergo a background check through the
National Instant Criminal Background Check System (NICS) to verify that the
person is legally permitted to have a firearm. The background check required
by this subdivision (iii) shall be provided to the court.
(B) A person to whom firearms, ammunition, or other weapons are
relinquished pursuant to subdivision (2)(A) of this subsection (b) The proposed
third party shall execute an affidavit on a form approved by the Court
Administrator stating that the person:
(i) acknowledges receipt of the firearms, ammunition, or other
weapons;
(ii) assumes responsibility for storage of the firearms,
ammunition, or other weapons until further order of the court, and specifies the
manner in which he or she the person will provide secure storage of such
items;
(iii) is not prohibited from owning or possessing firearms under
State or federal law; and

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(iv) understands the obligations and requirements of the court
order, including the potential for the person to be subject to civil contempt
proceedings pursuant to subdivision (2)(C) of this subsection subdivision
(b)(2) if the person permits the firearms, ammunition, or other weapons to be
possessed, accessed, or used by the person who relinquished the item or by any
other person not authorized by law to do so.
(C) A person to whom firearms, ammunition, or other weapons are
relinquished pursuant to subdivision (2)(A) of this subsection (b) third party
shall be subject to civil contempt proceedings under 12 V.S.A. chapter 5 if the
person permits the firearms, ammunition, or other weapons to be possessed,
accessed, or used by the person who relinquished the item or by any other
person not authorized by law to do so.