This group of pages’ first week was remarkably violence-filled, even by today’s standards. On Wednesday, February 14, 17 students in Parkland, FL, were killed with another 14 injured in a mass shooting and on Friday, February 16, a Fair Haven high school student was arrested following a tip that he had been planning for two years to cause mass casualties. What followed in the ensuing weeks began with a request by the governor and legislative leadership to have an expansive conversation on what could be done to improve the safety of Vermont schools, reduce community violence, and protect Vermonters’ rights. It ended after a week filled with historic votes in the Vermont House and Vermont Senate.
At public hearings that filled the Statehouse, committee rooms as well as a public hearing in Whitingham, Vermonters asked us to take steps to secure school buildings, address undiagnosed and untreated mental health and drug abuse issues, and give families, law enforcement, and the courts more tools to keep firearms out of the hands of those who should not have them. Here are the actions that the Legislature has taken, and the governor is expected to sign.
• Creates a felony charge for the possession of a firearm on school grounds with intent to harm
• $4 million in funds to the School Safety and Security Grant Program. Schools will be able to apply for grants to implement safety measures such as video monitoring and surveillance equipment, intercom systems, window coverings, exterior and interior doors, locks, and perimeter security measures. Another $1 million in federal funds is expected to be leveraged on this program.
Address untreated mental health and drug issues:
• The Agency of Human Services will receive funds to increase their capacity to provide mental health services to relieve the backlog in our local hospital emergency rooms, increase the number of beds for therapeutic placement, as well as create a new psychiatric residential treatment facility at the Woodside Juvenile Rehabilitation Center in Essex.
Keep firearms out of the hands who should not have them:
• Puts current practice into law giving the judge discretion to require any individual who is a risk to themselves or others to turn over weapons as a condition of pretrial release
• Empowers family members and law enforcement to seek an Extreme Risk Protection Order, a court order temporarily restricting a person's access to guns when they pose a danger to self or others (commonly called a “red flag” bill)
• Provides protection to a victim of domestic assault by allowing a law enforcement officer, in certain circumstances, to remove a firearm from the scene if the removal is necessary for the protection of the officer, the victim or another person
• Expanding background check requirements to unlicensed (or private) firearm sales, including a provision that provides immunity to federal firearm licensees that provide background check services in unlicensed (private) sales
• Requiring purchasers of long guns to be 21 years or older, unless they have taken a hunter safety course (which is already required to obtain a hunting license), are a veteran, a law enforcement official or in the military. This puts long guns on par with handguns. Under federal law one must be at least 21 to purchase handguns
• Bans the purchase and possession of bump stocks effective October 1, 2018
• Bans the purchase (not possession) of high-capacity magazines while excluding antiques, replicas, and long guns with lever or bolt action. Possession of high-capacity magazines that were purchased before the enactment date is grandfathered.
I am a strong supporter of our entire Constitution including the Second Amendment. As such, I worked extremely hard to understand the legal provisions and constitutionality of the bills; read Supreme Court cases; met with the Attorney General’s office; spoke with supporters and opponents of various pieces of legislation; attended and hosted public hearings with leaders from our schools, communities and from local and state law enforcement, and at the very end, worked with folks from our valley, legislative attorneys, the Speaker's office and members of the governor's staff to develop amendments that were needed to strike an appropriate balance between Vermonters’ rights and public safety.
For some we will have done too little and for others too much. Our individual constitutional rights are not absolute. The courts have allowed for reasonable regulations when one individual's rights have encroached upon another individual's rights. While nothing we do can guarantee 100% safety for our students or are citizens, I believe we have found a balanced way to improve the odds and respect Vermonters’ rights. Thank you to all in our valley who supported or opposed this legislation who took the time to engage with us to learn, to research, to attend hearings, speak on the phone, offer technical knowledge, or who listened to the hours of debate on public radio. That is how a free people govern themselves in a democratic society.
The session is rapidly drawing to a close and an early May adjournment is expected. There are very significant education, income tax, telecommunications, minimum wage, and family leave laws that have also been being developed and debated during the past six weeks. I look forward to providing additional updates in the coming weeks.
Please let me know if you you have questions about any of the legislation or if you need assistance. You can reach me at email@example.com or (802) 384-0233.