Thursday, March 18, 2021

S30: Outcome Of 2nd Reading

S30 Passed 3nd Vote  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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Bernard --

This afternoon, gun control bill S.30 was passed in the Second Reading by a vote of 20-9.  

You can watch the Vermont Senate action on S.30 starting at about 16 minutes 30 seconds: 

https://www.youtube.com/watch?v=5QI2cGhYF1s

A roll call was taken and when the Senate Journal is published later today it will be available for inspection.

The bill will now move to Third Reading tomorrow.  Opposing the bill on third reading is quite important.

You can view the Third Reading debate and vote tomorrow at 11:00 A.M. at: 

https://www.youtube.com/channel/UCzLp8k98JCMi2GQSfEhUv2g/featured or Watch Senate Live Video 

The roll call on S-30 will prove how important it is for the supporters of Vermont gun rights to vote.

Nobody every won by sitting on the sidelines.  Voting and encouraging others to vote is important.

Please contact your Senators.

Vermont Federation of Sportsmen's Clubs
http://www.vtfsc.com/

VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States
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Tuesday, March 16, 2021

Your Action Is Requested on S.30

Requested on S.30  ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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Bernard --

S.30 - THE BEGINNING OF THE END OF CONCEALED CARRY

The Federation respectfully requests that interested parties immediately contact their Senators both by email and phone to politely ask that they vote NO on S.30.

To get your Senator's contact information (email & phone), go to this page. Find your Senator(s) either by name or your county, click on their name, and you will get their contact info.  Then please drop them a quick email that says "Please vote NO to S.30" and call their number to leave the same message. 

S.30 is really not about hospitals as it does not offer any more protection for hospitals than what exists today.  S.30 is about establishing the framework that will support the further erosion of a Vermonter's ability to bear arms and defend themselves in the future.

Summary of S.30

If someone with evil intent wishes to do harm in a hospital, it must be understood by all that a sign will not stop them any more than the implementation of S.30 will, which carries the weight of a misdemeanor.  It likely will only stop honest citizens who do not wish to run afoul of a law, but even with them there is the element of human nature which brings along the failings of being forgetful, not being  mindful of their location, or being pre-occupied with other thoughts and stresses which would not be uncommon at a hospital.

Unless the investment is made is screening equipment and more security personnel to be located at hospitals, just as there has been at courts and at schools, it is less than fair to equate them as being "equal" in terms of inherent protection already in place.

Is this legislation about safety, or is it the first of many steps at gun control that is a direct assault on our Vermont traditions and culture through slow diminishment, with the final result being the elimination of our federal and state constitutional rights?

S.30 v. 13 VSA 3705

It remains the stance of the Federation that 13 VSA 3705 more than adequately addresses the intent of S.30.  Not only is 13 VSA 3705 already widely in use for that expressed purpose (such as at hospitals and government buildings), it seems that it is working and working exceptionally well given that we do not seem to be able to identify even a single issue here in Vermont that has occurred at a hospital (or day care or government building).

Using 13 VSA 3705 allows for an exceptionally high degree of discretion on the part of law enforcement in determining the trespasser's intentions, thereby allowing for mistakes or unthinking actions to be handled without any penalty, while still allowing a coherent mechanism to remove both the person and the firearm if warranted with criminal liability.  This as opposed to a strict criminal liability as envisioned in S.30.

A small but nonetheless key point to the use of 3705 - something that there have been several misstatements made about - is that there is no requirement for someone in authority at location where firearms have been prohibited to attempt to confront a trespasser BEFORE police are called  That is an incorrect understanding as it is in fact normal, and in many cases routine, for someone to call the police FIRST, and once the police arrive the trespasser is THEN confronted.

No one at a hospital needs to confront someone prior to police being called, police can be called immediately to then handle any subsequent possible "confrontation". 

Definition of Hospitals

The definition of Hospitals is found in statute in 18 VSA 1902.  To date, it would be the Federation's understanding that all of the discussion concerning "Hospitals" has centered only on those buildings which fit the commonly excepted definition of a hospital, and we believe that that definition is found in 1902(1)(A) only.  The other 7 definitions however, which would (1)(B)-(H), significantly broaden that definition, such that the scope well exceeds what we understand was the intended goal of "true" hospitals.

For example, the Central Vermont Medical Center's website indicates that that organization provides care at not only Central Vermont Hospital, as well as an additional 23 community-based medical group clinics and local physician practices, including two "ExpressCare" facilities that are open 7 days a week, as well as Woodridge Rehabilitation and Nursing facility.

 Schools and Courts vs Hospitals

A primary argument we have heard regarding the need for S.30 is that, since legislation was passed that addressed firearms at schools (13 VSA 4004) as well as prohibiting firearms in courts (13 VSA 4016), there should be no issue whatsoever with accepting a similar law concerning Hospitals, even though we have 13 VSA 4003 (Carrying Dangerous Weapons) which specifically speaks to carrying a weapon with intent to harm others.

In considering 13 VSA 4004 (Firearms at Schools), section (a) states that: "No person shall knowingly possess a firearm or a dangerous weapon while within a school building or on a school bus."  Section (b) states that:  "No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person.

While we note that the latest amendments for S.30 now include "knowingly", we feel that it is proper to add the element of "intent" - which was part and parcel of 13 VSA 4004.  Beyond that, if anyone has recently tried to get into a school recently, they will find an extremely heightened level of security whereby there is some fairly intense screening involved in order for someone to even get inside a school building.

In considering 13 VSA 4016 (Firearms in Court), it is the Federation's understanding that virtually all court buildings have both armed court security personnel present, in addition to screening equipment, both of which would serve to INSURE that no firearms are brought in.

Without the investment in security personnel and related screening equipment, creating "gun free zones" will not stop someone who is determined, but it will force law-abiding citizens who typically and routinely provide for their own means of defense from either forgoing entry, risk a strict criminal liability and corresponding criminal record, or otherwise swap away their means of defense for the illusion of security.   

Please contact your Senators.

Vermont Federation of Sportsmen's Clubs
http://www.vtfsc.com/

VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States
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Wednesday, March 10, 2021

Please contact your Reprsentative(s)...

 ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

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Bernard --

The VTFSC is requesting that you consider contacting your Vermont House Representative(s) to politely say "Oppose H.133, it clearly lacks Due Process of Law"  (You can see the bill problems below).

You can leave a message for them with the Sergeant at Arms at 802-828-2228, or or better yet:  Send them and E-mail relating your opposition to H.133.  

To identify your House Representative(s) click on this link:  https://legislature.vermont.gov/people/search/2022

If you know the names of your House Representatives click on this link:  https://legislature.vermont.gov/people/all/2022/House

Gun Control Bill H.133 passed out of the House Judiciary Committee on straight party lines.  The four Republican committee members voted against it.  All of the Democratic/Progressive members voted for it.  

The bill will now move to the floor of the entire Vermont House of Representatives.

The hearing starts at the beginning of the video and is short in duration in the video:

https://www.youtube.com/watch?v=SNt5189Cykg

H.133 requires a person subject to a temporary Relief From Abuse order to relinquish all of their firearms.  This is an Ex Parte proceeding, which means the subject of the order is not required to be informed of the hearing and the order can be granted without the defendant having an opportunity to be present, present evidence or have any representation.

The level of evidence to grant the order is a "Preponderance" which means any degree in favor of the plaintiff seeking the order.  Just the weight of a feather in favor of the plaintiff.

How is possible that the plaintiff seeking the order would not prevail when the defendant does not know of the hearing, is not present, will not be able to provide evidence or have representation.  

In the federal statute (United State Code) governing such civil orders, Ex Parte proceedings are not legal.  Due Process of Law still means something in places other than Vermont.

But, in the Vermont Legislature protection of constitution rights and fair play for gun owners is not required.  

Please contact your representatives.

Vermont Federation of Sportsmen's Clubs
http://www.vtfsc.com/

VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States
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Tuesday, March 9, 2021

Vermont Senate Bill S.30

 ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

Bernard --

The Senate Democratic Caucus took up the matter of gun control bill S.30, which has been the subject of several hearing in Senate Judiciary Committee.
The author of the bill, Senator Phil Baruth, took the matter of S.30 to the caucus of his party, to pitch his bad bill to the entire body of Senate Democrats.
You can hear the S.30 discussion which starts at the beginning of the Senate Democratic Caucus meeting and runs for 20-25 minutes.  https://www.youtube.com/watch?v=bfkxuwqHBo0
 
Senator Baruth made several factual errors in his statements on S.30 in relation of the Unlawful Trespass law.
 
* An employee is not required to give "notice of trespass" to a person prior to calling the police.  The employee can call the police and in the presence of
the police, can give "notice of trespass."  If the person leaves the property and leaves the firearm in their vehicle, no charges will be brought.  If they
refuse to leave or return with the firearm, they can be taken into police custody and removed from the property.   See 13 V.S.A. Section 3705 below.
 
* He proclaims citizens might well say they cannot be given "notice of trespass" claiming a Second Amendment defense in the Unlawful Trespass law.
A citizen with a firearm cannot assert they have "lawful authority" which refers to having claim to the property.  Lawful authority would be legal authority 
one would have by owning the property or a leave or rental contract.  
You have a right to freedom of expression. That doesn't mean you cannot be given "notice of trespass" if you start marching around a supermarket with a sign proclaiming 
"Agree with me on my Cause."  By Senator Baruth's statement a person might claim a legal defense against prosecution under the Unlawful Trespass statute because of 
the First Amendment right of "freedom of expression"  If they refuse to leave they can still claim such a right, as they are sitting handcuffed in the backseat of a police cruiser.
 
They can also explain to the judge at their arraignment all about their inaccurate perception of unlimited "freedom of expression" on private property.  Good Luck!
 
(Cite as: 13 V.S.A. § 3705)
  • § 3705. Unlawful trespass(A) actual communication by the person in lawful possession or his or her agent or by a law enforcement officer acting on behalf of such person or his or her agent;(C) in the case of abandoned property:(ii) actual communication by a law enforcement officer.(A) real property on which there is a vacant structure that for the previous 60 days has been continuously unoccupied by a person with the legal right to occupy it and with respect to which the municipality has by first-class mail to the owner's last known address provided the owner with notice and an opportunity to be heard; and(ii) one or more utility services have been disconnected; or(b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.(d) A person who enters a dwelling house, whether or not a person is actually present, knowing that he or she is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both.
  • (e) A law enforcement officer shall not be prosecuted under subsection (a) of this section if he or she is authorized to serve civil or criminal process, including citations, summons, subpoenas, warrants, and other court orders, and the scope of his or her entrance onto the land or place of another is no more than necessary to effectuate the service of process. (Added 1969, No. 156 (Adj. Sess.); amended 1971, No. 229 (Adj. Sess.), § 1; 1973, No. 109, § 7; 1979, No. 153 (Adj. Sess.), § 2; 1981, No. 223 (Adj. Sess.), §§ 17, 23; 2013, No. 49, § 3; 2013, No. 75, § 21.)
  • (c) A person who enters a building other than a residence, whose access is normally locked, whether or not the access is actually locked, or a residence in violation of an order of any court of competent jurisdiction in this State shall be imprisoned for not more than one year or fined not more than $500.00, or both.
  • (B) a railroad car that for the previous 60 days has been unmoved and unoccupied by a person with the legal right to occupy it.
  • (i) property taxes have been delinquent for six months or more; or
  • (2) As used in this subsection, "abandoned property" means:
  • (i) signs or placards, posted by the owner, the owner's agent, or a law enforcement officer, and so designed and situated as to give reasonable notice; or
  • (B) signs or placards so designed and situated as to give reasonable notice; or
  • (a)(1) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he or she enters or remains on any land or in any place as to which notice against trespass is given by:

 

Vermont Federation of Sportsmen's Clubs
http://www.vtfsc.com/

VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States
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