Whenever legislation regulating
firearms is proposed, no matter how sensible, it never fails to
elicit a strong negative reaction from gun rights groups. A couple
of weeks ago, the Vermont Senate Judiciary Committee held a hearing
on S.31, the bill relating to possession and transfer of firearms.
The hearing was packed by both supporters and opponents, each
distinguished by the colors they wore: green for supporters and
hunter orange for opponents. It was clear that opponents outnumbered
supporters by a large margin. Witnesses were called pretty much in
alternating order of pro and con, and more than 30 people testified.
The objections to the legislation fell
into 3 categories: 1) a misunderstanding of what is in the bill, 2)
the contention that it violates the 2nd Amendment, and 3) that the
background check provision would be unenforceable. So, here is what
the bill does and does not do.
There are three provisions. The first
makes it a crime in Vermont for a person convicted of a violent crime
to possess a firearm. This is currently federal law. However,
without this provision, the crime would have to be prosecuted in
federal court by a federal prosecutor. This provision would allow
prosecution by a States Attorney in the Vermont court system.
The second provision requires reporting
to the National Instant Criminal Background Check System (NICS)
persons who are judged in a court of law to be a danger to themselves
or others, or who were found not responsible for a crime by reason of
insanity or incompetent to stand trial due to a mental illness and
are a danger to themselves or others.
The third provision requires a
background check to be conducted on a buyer of a firearm before it
could be sold to that person. There is an exemption if the firearm
is transferred or sold to a family member or a law enforcement
agency, or to an police officer or a member of the Armed Forces
acting within the course of their official duties. It does not
prohibit loaning a firearm to a friend for an afternoon of shooting
or hunting as some opponents claimed. This is the most controversial
provision, although most opponents see every part of the bill as an
infringement on their constitutional rights. On the contrary, courts
have upheld the constitutionality of background checks passed by 16
other states. Moreover, background checks are required when a gun is
purchased through any federally licensed firearms dealer like a
sporting goods store or gun shop. This bill merely extends the
requirement to online and person-to-person sales and also closes the
so-called "gun show loophole", where a private seller would
not require a background check while a licensed dealer in the next
booth would.
We all know of the increased prevalence
of heroin trafficking. Studies have shown that guns obtained in
Vermont are part of the currency of the drug trade coming from New
York, Boston, Albany and other places with strong gun laws.
According to the Bureau of Alcohol, Tobacco and Firearms, in 2013
alone 165 guns recovered in crimes in other states were traced back
to Vermont. This may not seem like a lot, but it is significant
considering the size of our population.
I do not object to guns or to the
traditions of hunting and sport shooting. However, as a gun owner
myself I support this legislation because it is necessary to help
prevent firearms from getting into the hands of criminals and
dangerously mentally ill persons. I have talked to many other gun
owners who support this legislation as well because it makes common
sense. As the NRA is fond of saying, "Guns don't kill people;
people do." So, we have to take whatever steps we can to keep
guns out of the hands of the wrong people. Persons who can pass a
background check when purchasing a gun from a dealer have nothing to
fear from this legislation. As for enforceability, while there will
always be an opportunity for a prohibited person to skirt the law by
buying from an unscrupulous individual, responsible, law abiding gun
owners will be helping to protect their fellow citizens when selling
their unwanted guns with a background check as required by law.
I am a cosponsor of H.250, a companion
bill to S.31 in the House.
I continue to welcome your thoughts and
questions and can be reached by phone (802-233-5238) or by email
(myantachka.dfa@gmail.com).
