Friday, October 13, 2023

Trapping & Coyote Hunting with Dogs

LCAR needs to hear from YOU
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Bernard --

On June 1st of this year, the Governor signed Act 159 which put into law bill S.201 – An act relating to best management practices for trapping, and he also signed Act 165 which put into law S.281 – An act relating to hunting coyotes with dogs.

To review:  S.201 began its life as a bill that would prohibit trapping; S.281 likewise began its life as a bill that would ban coyote hunting with dogs.

After a great deal of discussion and effort, these bills were amended as follows:

  • S.201 was changed to allow trapping to continue through the adoption of Best Management Practices (BMPs), and
  • S.281 was changed to allow the hunting of coyote with the aid of dogs to continue after rules and regulations were adopted (no rules or regulations existed for this activity previously).

On October 5th, the Legislative Committee on Administrative Rules (LCAR) met with both S.201/Act 159 and S.281/Act 165 up for discussion.  15 people/organizations were scheduled to testify, all of which were known to oppose both bills.  However, the Department of Fish & Wildlife gave a lengthy presentation first, which ended up taking up all the scheduled time, so none of the scheduled testimony was heard. 

LCAR therefore scheduled another meeting to continue discussion on both bills – and allow for other testimony – at 10AM on 10/19.  You can see the current version of their agenda here.

Taking a step back for a moment, the role of LCAR is straightforward.  LCAR is tasked with reviewing laws that have been passed by the Legislature to ensure that the Legislative Intent of the bill was met, or otherwise to point out areas which may need tweaking to meet Legislative Intent.

At this time the VTFSC is aware of a list of concerns that outline a few issues where there is concern that Legislative Intent was not met in both S.201 and S.281.  The Department of Fish & Wildlife is aware of these concerns and has been working on providing corrective language to address them.

The Vermont Traditions Coalition, our ally in lobbying for bills relating to Fish & Wildlife, is asking interested parties to give testimony in support of both trapping (S.201/Act 159) and/or coyote hounding with dogs (S.281/Act 165), with the VTFSC encouraging this participation.

Ideally, your testimony would be done in person on 10/19, but could also be done via zoom.  If you are inclined to help support either or both of these bills by giving testimony, it is required that you notify the LCAR Administrative assistant, Charlene Dindo at charlene@leg.state.vt.us before noon on 10/16.

We believe that testimony will be limited to 3 minutes or less, so please take that into account as you collect your thoughts.  Your message does not have to be written, it can be completely verbal, but if it is in writing it must also be submitted before noon on Monday 10/16.

Your message does not have to be technical; it could be as simple as "I support the new versions of these laws".  It could be you telling an account of how trapping saved your property, or it could be as simple as stating that you wish continued unfettered support of a Vermonter's ability to engage in the long-standing traditions and heritage of hunting in it's various forms.

Just so you know, both S.201 and S.281, when they were voted out of the Senate Natural Resources & Energy committee, passed unanimously 5-0-0.  When these bills were taken up and passed by the House Environment & Energy committee, S.201 was passed with a vote of 8-0-3 in favor with S.281 passing with a vote of 10-0-1 in favor. 

Both bills were then approved by both the full Senate and House, with some minor amendments along the way.

Based on the above – it should be crystal clear that the "Legislative Intent" was to NOT have bans on these activities.  The Legislative intent was to preserve trapping through the adoption of BMPs; and Legislative Intent was to allow hunting coyotes with the aid of dogs once rules and regulations were promulgated.

Thank you for your time; Thank you for your support of the VTFSC and our member clubs; and please be advised that we will be providing an update on our Lawsuit shortly.

Best Regards

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

VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States
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Saturday, September 23, 2023

Mag Ban Ruling from Southern District Court of CA

CA's Mag Ban is Found To Be Unconstitutional - Again!
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Bernard --

Just wanted to give an update on where we are with the pending lawsuit against Vermont's new 72-Hour-Waiting Period and the existing Magazine Ban.

We were in the process of finalizing our third draft of the Complaint, when along comes a dynamite decision from a certain Judge Benitez in the Federal District Court of Southern California.

Prior to the Bruen decision, Judge Benitez had ruled on a case called Duncan v Bonta, a case which challenged CA's magazine ban, a ban which Benitez found to be unconstitutional.  CA appealed that ruling to the 9th Circuit Court of Appeals, where a 3-judge panel upheld Benitez's decision 2-1. 

CA appealed that 3-judge decision to the full 9th Circuit, but prior to them taking it up:  Along came the Bruen decision.  The 9th Circuit then remanded the case back down to Benitez for his reconsideration under Bruen (I.E. they purposefully stalled for time as the 9th Circuit is known to be notoriously anti-2A).

The truth of the matter however is that Judge Benitez had essentially already applied the scrutiny dictated in the Heller & Bruen decisions, and you can gauge his anger in having to handle the case again - coming to the same conclusion - in how he wrote his decision issued on Friday, 9/22/23.

You can read that decision here, his logic is unquestionable and exceptionally well documented, and it is GREAT NEWS for our magazine challenge.  It is tedious reading in places, but I guarantee it will make you smile if you, like me, do not support a mag ban.

Regarding finances, we have not yet crested $200,000 so we continue to work hard on fund-raising towards our $300,000 goal.

Regarding our filing, I remain hopeful that we can get this done this month, but with decisions like Benitez's popping up - we need to further tweak our Complaint, and we all want this done right.

Please continue to help us spread the word about our lawsuit and our need to raise funds.

Thank you for supporting the VTFSC in fighting for our Freedom and OUR Rights.

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

VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States
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Saturday, September 9, 2023

Status update: VTFSC's challenge to Mag Ban & Waiting Period

Where we are & how you can help
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Bernard

First of all:  To all of you that have responded to the VTFSC's announcement of our pending lawsuit that will challenge the existing Magazine Ban and the new 72-Hour Waiting Period law by making a donation:  THANK YOU!

Since making our decision to file the challenge in late June, we have been working hard on finalizing our Complaint in addition to raising the funds necessary to see this through to a successful completion.

In regards to our Complaint, we are painstakingly building this document as well as our list of Plaintiffs.  At present, it would be my hope that we might file this month, but this must be done right and we are actively collaborating with other national groups who are pursuing similar complaints.

In terms of fund-raising, and after just a little over two-months of getting our legs under us, we are now closing in on $170,000 in donations.  We have had individuals step up; with one person donating $12,500.  Our clubs are stepping up, with Lamoille Valley Fish & Game Club (sponsors of the Lamoille Valley Gun Show) making an initial donation of $10,000, then adding another $5,000.  Other clubs have stepped forward generously, and still others are in the process of considering it. Our ally Gun Owners of Vermont has committed to $12,500.  FFLs have stepped up, with one donating $3,000 and many more following suit and/or considering it.  Hundreds have stepped up with $5 and more, with many donating $100, $250 and $500; a goodly number donating $1,000.

While I am encouraged by this showing, it is not enough and we need more.

I again ask the Question:  What Are Our Rights Worth?

Now is the time to send our Legislature the clear message that there is a straight-forward definition to the word "infringed", and they need to clearly understand their limitations under our Constitution.

To help spread the word, we have created an 8 1/2" x 11" Poster which can be downloaded from our website.  We have created a tri-fold pamphlet and a FAQ document to help folks understand why we are doing this.

We are "ALL IN".

If you would like to donate online – you can do so by clicking the PayPal link below, or you can click this link, and then click the PayPal Donate Now button. 

If you would like to donate by mail, then make your check payable to VTFSC DEFENSE FUND, and send to:

VTFSC Defense Fund

c/o Marcia Marble

14 Stafford Ave, Morrisville VT 05661

As one of my directors said in the meeting when the VTFSC made our decision: 

"If not us:  Who?  If not now:  When?"

Please donate whatever you can, and then please share this plea with your like-minded friends.

Thank you for reading; thank you for your continued support of the VTFSC and our member clubs; and please consider a donation to help us help you defend our rights.

Yours in Freedom & Liberty,

Vermont Federation of Sportsmen's Clubs

https://www.vtfsc.com/

VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States
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Tuesday, June 27, 2023

VTFSC Will Be Challenging Unconstitutional Laws

Your financial Support is needed!
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Bernard

After careful consideration, the Vermont Federation of Sportsmen's Clubs has decided that we have no other recourse than to file a constitutional challenge against the 72-hour Waiting Period law that will become effective on July 1st, 2023.  In that same lawsuit, we will also be challenging the existing Large Capacity Magazine ban, with this lawsuit being filed in Vermont's Federal District Court, thereby by-passing State Courts.  From Vermont Federal District Court we have a direct path onward to the Second Circuit Court if necessary, and a straight path beyond them to the Supreme Court of the United States (SCOTUS).

A "conservative" estimate for the expected cost of this suit is $300,000 and it will likely run much more than that.

Despite that fact:  The VTFSC has committed $25,000 to kick this fight off, and we have formally executed a retainer agreement for the legal services to make these challenges a reality.

Every Vermonter who cares about our Constitution; every Vermonter who owns a firearm; as well as any Vermonter who may wish to purchase a needed firearm in a timely manner all have skin in this case; and some of our reasoning for taking this action can be seen here.

While H.230 (now Act 45) will affect firearm purchases with a 3-day Waiting Period as of July 1, 2023, it will not have any effect on gun shows until July 1, 2024:  A date which will be the death of gun shows in Vermont.  THAT outcome WILL negatively affect Fish & Game Clubs that raise money through these shows; it will negatively impact the economies of the towns that host them; and it will negatively impact Vermonters generally as these shows are both educational and social events for many.

$300K is A LOT of money.  Point blank however:  How much are your rights worth?  Isn't it past time to teach some people what "infringement" really means, and that our rights are not subject to their whims?

Today, I am writing a check to the VTFSC DEFENSE FUND in the amount of $1,000.00 to help kick-start this off, and like all of you:  I have many places where that money could go, but I am asking you to join us in this fight for our rights. 

If you would like to donate online – you can do so by clicking the PayPal link below, or you can click this link, and then click the PayPal Donate Now button. 

If you would like to donate by mail, then make your check payable to VTFSC DEFENSE FUND, and send to:

VTFSC Defense Fund

c/o Marcia Marble

14 Stafford Ave, Morrisville VT 05661

As one of my directors said in the meeting when the VTFSC made our decision: 

"If not us:  Who?  If not now:  When?"

Please donate whatever you can, and then please share this plea with your like-minded friends.

Thank you for reading; thank you for your continued support of the VTFSC and our member clubs; and please consider a donation to help us help you defend our rights.

Yours in Freedom & Liberty,

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, June 21, 2023

Public Hearings on Trapping BMP and Coyote Hounding

Please attend tonight or attend virtually tomorrow
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Bernard

Vermont F&W is holding Public Hearings on proposed trapping and coyote hunting regulation changes tonight and tomorrow night; a hearing in Rutland was conducted last night.

This is an excellent opportunity to see and participate in the rule making process, and at the same time support our fellow sportspeople.

There is one more in-person hearing this evening in Montpelier, and another all-virtual hearing Thursday:

  • Wednesday, June 21, 6:30-8:30 pm. Montpelier High School,
    5 High School Drive, Montpelier VT | map
  • Thursday, June 22, 6:30-8:30. ONLINE ONLY
    Click the link you find on this VT F&W Dept page.

The rules changes that were approved by the Fish and Wildlife Board on April 5th are available here.

The current list of proposed amendments to these rules suggested by the VT F&W Department can be found here

In regards to Vermont adopting Best Management Practices (BMPs) for trapping:  The Vermont Trappers Association (VTA) took the lead in suggesting that Vermont adopt these practices - making Vermont the first state in the nation to do so for the benefit and promotion of animal welfare.

Changes proposed by the VTA on the Trapping regulations can be found here.

In regards to coyote hunting with dogs:  This is an activity that up to now has been completely unregulated which clearly needs an attempt at regulation prior to it being banned outright.

Changes proposed by the VTC on Coyote Hounding on the proposed regulations can be found here.

There is room for the consideration and discussion on further tweaks to what was proposed by the F&W Board, just as there is room for consideration and discussion of tweaking what the F&W has suggested for changes.  An important voice in this discussion however is YOU.

If you cannot attend the in-person meeting this evening, please consider attending the virtual one, and please consider providing written comment by sending your thoughts to:

ANR.FWPublicComment@vermont.gov 

The deadline for comments is June 30th.  Make sure to provide your name and town of residence, and be polite.

Thank you for reading; thank you for your continued support of the VTFSC and our member clubs; and please consider a donation to help us help you defend our rights.

Best Regards, 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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Thursday, June 15, 2023

Trapping BMP and Coyote Hounding Public Hearings

Your Attendance is Needed!
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Bernard

Vermont F&W will be holding Public Hearings on proposed trapping and coyote hunting regulation changes this next week.

Attendance is critical, so please plan on making a meeting if you can, and bring your friends. The dates and locations are as follows:

  • Tuesday, June 20, 6:30-8:30 pm. Rutland Middle School
    67 Library Avenue, Rutland VT | map
  • Wednesday, June 21, 6:30-8:30 pm. Montpelier High School,
    5 High School Drive, Montpelier VT | map
  • Thursday, June 22, 6:30-8:30. ONLINE ONLY
    Click the link you find on this VT F&W Dept page.

The rules changes that were approved by the Fish and Wildlife Board on April 5th are available here.

The current list of proposed amendments to these rules suggested by the VT F&W Department can be found here

In regards to Vermont adopting Best Management Practices (BMPs) for trapping:  The Vermont Trappers Association (VTA) took the lead in suggesting that Vermont adopt these practices - making Vermont the first state in the nation to do so for the benefit and promotion of animal welfare.

Changes proposed by the VTA on the Trapping regulations can be found here.

In regards to coyote hunting with dogs:  This is an activity that up to now has been completely unregulated which clearly needs an attempt at regulation prior to it being banned outright.

Changes proposed by the VTC on Coyote Hounding can be found here.

There is room for the consideration and discussion on further tweaks to what was proposed by the F&W Board, just as there is room for consideration and discussion of tweaking what the F&W has suggested for changes.  An important voice in this discussion however is YOU.

If you cannot attend either in-person meeting or the virtual one, please consider providing written comment by sending your thoughts to:

ANR.FWPublicComment@vermont.gov 

The deadline for comments is June 30th  and your input is invaluable.  Make sure to provide your name and town of residence, and be polite.

Thank you for reading; thank you for your continued support of the VTFSC and our member clubs; and please consider a donation to help us help you defend our rights.

Best Regards, 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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Thursday, June 1, 2023

Governor Allows H230 to Become Law

Governor Opted to NOT Veto H230
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Bernard

At 4PM today, Governor Phil Scott announced that he will let H.230 become law without his signature and without attempting a veto.

While the Governor tacitly supported the Negligent Storage provision as well as the expansion of Extreme Risk Protection Orders, his Press Release indicated that he saw the Waiting Period section as "problematic".

He then went further and indicated he had "significant concerns about the provision's constitutionality" and then referred to the Oath of Office that both he and all legislators take to "not do any act or thing injurious to the constitution."

To say that we are in disbelief would be an understatement as everyone knows that this will be challenged, if not here in Vermont in Federal District Court (and then on to the 2nd Circuit), then it will happen with cases already pending before the 7th and 9th Circuit Courts.

We are however confident that the Constitutionality of a Waiting Period, just like the Constitutionality of magazine bans and modern sporting rifle bans, will end up in the trash bin of unconstitutional laws.

Thank you for reading; thank you for your continued support of the VTFSC and our member clubs; and please consider a donation to help us help you defend our rights.

Best Regards, 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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