Last week, voting on S 131 wrapped up in Vermont’s Senate Government Operations Committee. Unfortunately, Senator Clarkson, Senator Vyhovsky, and Senator White voted in favor of the bill, forming a majority over Senators Collamore and Hart who both voted “NO.”
This means that S 131 will be heard on second reading before the rest of the legislature tomorrow!
As a reminder from our previous update, S 131 amends the charter of the City of Burlington to allow for the creation of additional gun-free zones in bars and restaurants. Not only does this legislation violate Vermont’s existing preemption law AND create gun-free zones that strip law-abiding citizens of the right to self-defense, S 131 serves as another attempt from Burlington to alter their charter in disregard of the Second Amendment.
Burlington attempted to pass similar bans on firearms in bars and restaurants over a decade ago in 2013, and the issue resurfaced multiple times between 2014 and 2016.
In other states, like Maryland, similar legislation to turn restaurants and bars in into gun-free zones was tried with the passage of SB1 – the Gun Safety Act of 2023, but the portions of that bill restricting carry in bars and restaurants were struck down by a Federal Judge the following year.
Often brought up in these debates is the Vermont Sportsmen’s Bill of Rights, which can be seen below:
§ 2295. Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing, and trapping
Except as otherwise provided by law, no town, city, or incorporated village, by ordinance, resolution, or other enactment, shall directly regulate hunting, fishing, and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of traps, firearms, ammunition, or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city, or incorporated village under subdivision 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter. (Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.)
To put it as plainly as possible, local governments aren’t allowed to make rules about hunting, fishing, or trapping. Nor can they create laws about firearms, ammunition, or related equipment, including buying, selling, owning, carrying, or registering them.
It’s clear that amending Burlington’s charter to create additional gun-free zones is unconstitutional on the grounds of violating state preemption.
Using the form above, send a message to your State Senator telling them to vote NO on S 131 when it comes up on second reading tomorrow. Let them know that any attempt to restrict the Second Amendment at any level in Vermont is unwelcome!
