Another "Safe Gun Storage" bill going on in Vermont

Vermont state government website, Legislature

[MightyMouth]

S.108

Introduced by Senator Ankeney of Chittenden County

Referred to Committee on

Date:

Subject: Crimes; weapons; negligent storage of a firearm

Statement of purpose: This bill proposes to make it a crime for a person to negligently leave a firearm accessible to a child.

AN ACT RELATING TO NEGLIGENT STORAGE OF A FIREARM

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. FINDINGS

(a) American children are more at risk from firearms than the children of any other industrialized nation, and the rate of firearm deaths for children 0-14 years old is nearly 12 times higher in the United States than in 25 other industrialized nations combined.

(b) In the last four years, at least 100 students have been killed and over 200 injured as a result of gun violence in schools.

(c) In a survey of 11,000 adolescents, 41 percent of boys and 21 percent of girls said they could obtain a handgun if they wanted.

(d) The youth suicide rate by a firearm in Vermont is higher than the national average, and firearms (both long guns and hand guns) are the most common means by which youths commit suicide in Vermont.

(e) Unsecured firearms in homes create the potential for accidental shootings and increase the risk of suicide.

(f) A statewide survey of Vermont parents has shown that many homes with children have firearms that are not stored securely or locked away.

(g) Child Access Prevention (CAP) laws have been found in other states to be associated with a significant reduction in the risk of unintentional shooting deaths in young children.

Sec. 2. 13 V.S.A. § 4017 is added to read:

§ 4017. NEGLIGENT STORAGE OF A FIREARM

(a) As used in this section:

(1) "Child" means a person under 18 years of age.

(2) "Firearm" means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive, and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun.

(3) "Locking device" means a device that is designed to prevent a firearm from functioning and which, when applied to a firearm, renders the firearm inoperable.

(b) A person is guilty of negligent storage of a firearm in the first degree if:

(1) the person keeps a loaded firearm within any premises that are under the person’s custody or control;

(2) the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian; and

(3) a child obtains access to the firearm and uses it to cause death or serious bodily injury to any person.

(c) A person is guilty of negligent storage of a firearm in the second degree if:

(1) the person keeps a loaded firearm within any premises that are under the person’s custody or control;

(2) the person knows or reasonably should know that a child is likely to gain access to the firearm without the permission of the child's parent or legal guardian; and

(3) a child obtains access to the firearm and discharges it, or uses it in the commission of a crime, or to cause injury to any person.

(d) This section shall not apply when:

(1) The child obtains the firearm as a result of an illegal entry into any premises by any person.

(2) The firearm is kept in a locked container or in a location that a reasonable person would believe to be secure.

(3) The firearm is carried on the person, or within such close proximity to the person that it can readily be retrieved and used as if carried on the person.

(4) The firearm is locked with a locking device that renders the firearm inoperable.

(5) The person from whom the child obtains the firearm is a law enforcement officer, or a member of the armed forces or national guard, engaged in the performance of the person’s official duties. (6) The child obtains or discharges the firearm during the course of a lawful act of self-defense or defense of another person.

(7) A reasonable person would not expect a child to be present on the premises where the firearm was obtained.

(e) A person who:

(1) violates subsection (b) of this section shall be imprisoned not more than three years or

fined not more than $10,000.00, or both.

(2) violates subsection (c) of this section shall be imprisoned not more than one year or fined not more than $1,000.00, or both.

(f) If a violation of this section leads to the accidental shooting of a child of the person who committed the violation:

(1) The state’s attorney shall consider the impact of the child’s injury or death on the person when deciding whether to file charges under this section.

(2) No prosecution shall be brought unless the person behaved in a grossly negligent manner, or unless similarly egregious circumstances exist.

(3) The person shall not be arrested for violating this section until:

(A) until at least seven days after the date upon which the accidental shooting occurred; and

(B) after a law enforcement officer considers the nature and extent of the child’s injuries, including whether the child is in critical medical condition.

(g) Nothing in this section may be construed to effect any existing right to purchase and own firearms, or to provide authority to any state or local agency to infringe upon the privacy of any family, home or business except by lawful warrant, including rights under Chapter I, Articles 9 and 16 and Chapter II,

§ 59 of the Vermont constitution.

Sec. 3. 13 V.S.A. § 4006 is amended to read:

§ 4006. RECORD OF FIREARM SALES; WARNING

(a) All pawnbrokers and retail merchants dealing in firearms shall keep a record book in which they shall record the sale by them of all revolvers and pistols, and the purchase by them of all secondhand revolvers and pistols. Such record shall include the date of the transaction, the marks of identification of the firearm, including the manufacturer's name, the caliber, model and manufacturer's number of the firearm, the name, address, birthplace, occupation, age, height, weight and color of eyes and hair of the purchaser or seller. Such purchaser or seller shall sign his name to the record and the pawnbroker or merchant shall preserve such record book for six years after the date of last entry and shall permit all enforcement officers to inspect the same at all reasonable times. A person, partnership or corporation who violates a provision of this section shall be fined not more than $100.00.

(b) All pawnbrokers and retail merchants dealing in firearms shall:

(1) conspicuously post at each purchase counter, in bold type not less than one inch in height, the following warning: TO PREVENT UNAUTHORIZED USE OR MISUSE BY CHILDREN, VERMONT LAW REQUIRES THIS FIREARM TO BE STORED SO THAT IT IS SECURE AND INACCESSIBLE TO CHILDREN; and

(2) provide a written copy of the warning described in subdivision (1) of this subsection to every person who purchases a firearm.

[MightyMouth]

Another one. How can anyone who knows about what happened to the children who were killed with a pitchfork (because the older sister couldn't have access to the gun safe, by law) continue to try passing these vile things? Not to even mention the lies sprinkled throughout the damn thing. ARGH!

[Fish out of Water]

index bump

[The Shootist]

Be that as it may, Vermont is still the only one of the Several States where one can conceal carry without a permit.

[GeronL]

so? I think it should be illegal to conceal the gun you carry, it ought t be right out in the open. =o) without a permit.

[School of Rational Thought]

CABB Californian Americans to Ban Bread It’s not the criminal’s fault after all. A recent study shows the following facts. 1. More than 98% of convicted felons are bread users 2. Fully HALF of all children who grow up in bread-consuming households score below average on standardized tests. 3. In the 18th century, when virtually all bread was baked in the home, the average life expectancy was less than 50 years; infant mortality rates were unacceptably high; many women died in childbirth, and diseases such as typhoid, yellow fever and influenza ravaged whole nations. 4. More than 90 percent of violent crimes are committed within 24 hours of eating bread. 5. Bread is made from a substance called “dough.” It has been proven that as little as one pound of dough can be used to suffocate a mouse. The average American eats more bread than that in one month! 6. Primitive tribal societies that have no bread exhibit a low incidence of cancer, Alzheimer’s, Parkinson’s disease, and osteoporosis. 7. Bread has proven to be addictive. Subjects deprived of bread and given only water to eat begged for bread after as little as two days. 8. Bread is often a gateway food item, leading the user to harder items such as butter, jelly, peanut butter, and even cold cuts. 9. Bread has been proven to absorb water. Since the human body is more than 90% water, it follows that eating bread could lead your body being taken over by this absorptive food product, turning you into a soggy gooey bread-pudding person. 10. Newborn babies can choke on bread. 11. Bread is baked at temperatures as high as 400 degrees F! That kind of heat can kill an adult in less than one minute. 12. Most American bread eaters are utterly unable to distinguish between significant scientific fact and meaningless statistical babbling. In light of these frightening statistics, we propose the following bread restrictions: 1) No sale of bread to minors. 2) A nationwide “Just Say No to Toast” campaign, complete with celebrity TV spots and bumper stickers 3) A 300% federal tax on all bread to pay for the social ills we might associate with bread. 4) No animal or human images, nor any primary colors (which may appeal to children) may be used to promote bread usage. 5) The establishment of “Bread Free” zones around schools. 6) Banning of bread from all sports, Bars, and any event which seats 2,500 or more. Please contribute immediately for your children are at stake!

[MightyMouth]

That is true, and we in NH are working very hard for Vermon-style carry. However, that is also why the anti-gun rights forces are working very, very hard on NH and VT. If NH weakens (any further), VT is not far behind. People are moving to these two states (and ME) in droves from the hells they've created in certain other states, and now they want to turn these beautiful, free places into the same hells. We can't let them get away with anything. ANYTHING.

At the risk of sounding like one of the tinfoil hat crowd, "Be that as it may, it's still ..." is a very good way to lose it all. Complacency is deadly.

[MightyMouth]

Why should it be illegal to carry concealed? It shouldn't be illegal to keep and bear, which includes carry, period. We already HAVE a "permit" - the Bill of Rights and American citizenship. The right is innate ... as the SAS motto says, "Self-Defense is a basic human right." (sm) Period. :o)

Btw, in NH we still have the right to carry openly without the necessity of a permit, anywhere but Federal offices, courtrooms, and places that are posted. However, in SOME towns where the populations have mostly moved here "from away," you will be harassed and possibly arrested for a public nuisance. You'll be released, eventually, but it WILL mess with your day and your mood. For that reason, I prefer to carry concealed, so gritted my teeth and got my CCL.

[GeronL]

well I was kidding about banning people from hiding their guns. But think about it, we'd all be safer if we carried guns in the open.... although making the crooks wonder is good too.