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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