S 329

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1S.329
2 Introduced by Senator Baruth
3 Referred to Committee on Judiciary
4 Date: April 15, 2026
5 Subject: Criminal procedures; firearms
6 Statement of purpose of bill as introduced: This bill proposes to enact the
7 following provisions related to firearms: (1) provide that stealing a firearm of
8 any value constitutes grand larceny; (2) increase the penalties for second or
9 subsequent offenses of firearms possession by prohibited persons; (3) prohibit
10 the possession of firearms by persons who have been found by a court to pose
11 a danger of harm to themselves or others as the result of a mental illness; (4)
12 prohibit the possession of machine guns; and (5) prohibit the possession of
13 firearms on premises licensed to serve alcohol.
14    An act relating to criminal procedures involving firearms
15 It is hereby enacted by the General Assembly of the State of Vermont:
16 Sec. 1. 13 V.S.A. § 2501 is amended to read:
17 § 2501. GRAND LARCENY
18    (a) A person who steals from the actual or constructive possession of
19 another, other than from his or her person, money, goods, chattels, bank notes,
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1 bonds, promissory notes, bills of exchange or other bills, orders, or certificates,
2 or a book of accounts for or concerning money, or goods due or to become due
3 or to be delivered, or a deed or writing containing a conveyance of land, or any
4 other valuable contract in force, or a receipt, release or defeasance, writ,
5 process, or public record, shall be imprisoned not more than 10 years or fined
6 not more than $5,000.00, or both, if:
7(1) the money or other property stolen exceeds $900.00 in value; or
8(2) the property stolen is a firearm of any value.
9    (b) As used in this section, “firearm” has the same meaning as in section
10 4017 of this title.
11 Sec. 2. 13 V.S.A. § 4017 is amended to read:
12 § 4017. PERSONS PROHIBITED FROM POSSESSING FIREARMS;
13CONVICTION OF VIOLENT CRIME
14    (a) A person shall not possess a firearm if the person has been convicted of
15 a violent crime.
16    (b) A person who violates this section shall:
17(1) for a first offense, be imprisoned not more than two years or fined
18 not more than $1,000.00, or both; or
19(2) for a second or subsequent offense, be imprisoned not more than
20 three years or fined not more than $5,000.00, or both.
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1    (c) This section shall not apply to a person who is exempt from federal
2 firearms restrictions under 18 U.S.C. § 925(c).
3    (d) As used in this section:
4(1)(A) “Firearm” means:
5(i) any weapon (including a starter gun) that will or is designed to
6 or may readily be converted to expel a projectile by the action of an explosive;
7(ii) the frame or receiver of any such weapon; or
8(iii) any firearm muffler or firearm silencer.
9(B) “Firearm” shall does not include an antique firearm.
10(2) “Antique firearm” means:
11(A) Any firearm (including any firearm with a matchlock, flintlock,
12 percussion cap, or similar type of ignition system) manufactured in or before
13 1898.
14(B) Any replica of any firearm described in subdivision (A) of this
15 subdivision (2) if the replica:
16(i) is not designed or redesigned for using rimfire or conventional
17 centerfire fixed ammunition; or
18(ii) uses rimfire or conventional centerfire fixed ammunition that
19 is no longer manufactured in the United States and that is not readily available
20 in the ordinary channels of commercial trade.
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1(C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle
2 loading pistol that is designed to use black powder or a black powder
3 substitute and that cannot use fixed ammunition. As used in this subdivision
4 (C), “antique firearm” shall does not include a weapon that incorporates a
5 firearm frame or receiver, a firearm that is converted into a muzzle loading
6 weapon, or any muzzle loading weapon that can be readily converted to fire
7 fixed ammunition by replacing the barrel, bolt, breechblock, or any
8 combination thereof.
9(3) “Violent crime” means:
10(A)(i) A listed crime as defined in subdivision 5301(7) of this title
11 other than:
12(I) lewd or lascivious conduct as defined in section 2601 of this
13 title;
14(II) recklessly endangering another person as defined in section
15 1025 of this title;
16(III) operating a vehicle under the influence of alcohol or other
17 substance with either death or serious bodily injury resulting as defined in
18 23 V.S.A. § 1210(f) and (g);
19(IV) careless or negligent operation resulting in serious bodily
20 injury or death as defined in 23 V.S.A. § 1091(b);
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1(V) leaving the scene of an accident resulting in serious bodily
2 injury or death as defined in 23 V.S.A. § 1128(b) or (c); or
3(VI) a misdemeanor violation of chapter 28 of this title,
4 relating to abuse, neglect, and exploitation of vulnerable adults; or
5(ii) a comparable offense and sentence in another jurisdiction if
6 the offense prohibits the person from possessing a firearm under 18 U.S.C.
7 § 922(g)(1) or 18 U.S.C. § 921(a)(20).
8(B) An offense involving sexual exploitation of children in violation
9 of chapter 64 of this title, or a comparable offense and sentence in another
10 jurisdiction if the offense prohibits the person from possessing a firearm under
11 18 U.S.C. § 922(g)(1) or 18 U.S.C. § 921(a)(20).
12(C) A violation of 18 V.S.A. § 4231(b)(2), (b)(3), or (c) (selling,
13 dispensing, or trafficking cocaine); 4232(b)(2) or (b)(3) (selling or dispensing
14 LSD); 4233(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking heroin);
15 4234(b)(2) or (b)(3) (selling or dispensing depressants, stimulants, and
16 narcotics); 4234a(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking
17 methamphetamine); 4235(c)(2) or (c)(3) (selling or dispensing hallucinogenic
18 drugs); 4235a(b)(2) or (b)(3) (selling or dispensing Ecstasy), or a comparable
19 offense and sentence in another jurisdiction if the offense prohibits the person
20 from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C.
21 § 921(a)(20).
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1(D) A conviction of possession with intent to distribute a controlled
2 substance other than cannabis in another jurisdiction if the offense prohibits
3 the person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C.
4 § 921(a)(20).
5 Sec. 3. 13 V.S.A. § 4017a is amended to read:
6 § 4017a. FUGITIVES FROM JUSTICE; PERSONS SUBJECT TO FINAL
7RELIEF FROM ABUSE OR STALKING ORDER; PERSONS
8CHARGED WITH CERTAIN OFFENSES; PROHIBITION ON
9POSSESSION OF FIREARMS
10      (a) A person shall not possess a firearm if the person:
11(1) is a fugitive from justice;
12(2) is the subject of a final relief from abuse order issued pursuant to
13 15 V.S.A. § 1103;
14(3) is the subject of a final order against stalking issued pursuant to
15 12 V.S.A. § 5133 if the order prohibits the person from possessing a firearm;
16 or
17(4) is a person against whom charges are pending for:
18(A) carrying a dangerous weapon while committing a felony in
19 violation of section 4005 of this title;
20(B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84,
21 subchapter 1; or
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1(C) human trafficking or aggravated human trafficking in violation
2 of section 2652 or 2653 of this title; or
3(5)(A)(i) has been found by the court to be a person in need of treatment
4 pursuant to section 4822 of this title and:
5(I) not guilty by reason of insanity of a violent crime as defined
6 in section 4017 of this title; or
7(II) incompetent to stand trial for an offense listed in
8 subdivision (4) of this subsection (a);
9(ii) is the subject of a commitment order issued by the court
10 pursuant to section 4822 of this title and the offense charged was not a violent
11 crime; or
12(iii) is the subject of a hospitalization order issued by the court
13 pursuant to 18 V.S.A. § 7617(b)(1) or (2) or a nonhospitalization order issued
14 by the court pursuant to 18 V.S.A. § 7617(b)(3).
15(B) Subdivision (A) of this subdivision (5) shall not apply to a
16 person if the Family Division grants a petition for relief from firearms
17 disability for the person pursuant to section 4825 of this title.
18    (b) A person who violates this section shall:
19(1) for a first offense, be imprisoned not more than two years or fined
20 not more than $1,000.00, or both; or
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1(2) for a second or subsequent offense, be imprisoned not more than
2 three years or fined not more than $5,000.00, or both.
3    (c) As used in this section:
4(1) “Firearm” has the same meaning as in section 4017 of this title.
5(2) “Fugitive from justice” means a person who has fled:
6(A) to avoid prosecution for a crime Vermont criminal offense or for
7 an offense that would be a crime if committed in Vermont; or
8(B) to avoid giving testimony in a criminal proceeding.
9 Sec. 4. 13 V.S.A. § 4022 is amended to read:
10 § 4022. BUMP-FIRE STOCKS; MACHINE GUNS; POSSESSION
11PROHIBITED
12    (a) As used in this section,:
13(1) “bump-fire stock” “Bump-fire stock” means a butt stock designed to
14 be attached to a semiautomatic firearm and intended to increase the rate of fire
15 achievable with the firearm to that of a fully automatic firearm by using the
16 energy from the recoil of the firearm to generate a reciprocating action that
17 facilitates the repeated activation of the trigger.
18(2) “Machine gun” means any weapon that shoots, is designed to shoot,
19 or can be readily restored to shoot automatically more than one shot without
20 manual reloading, by a single function of the trigger. The term also includes
21 the frame or receiver of any such weapon; any part designed and intended
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1 solely and exclusively, or combination of parts designed and intended, for use
2 in converting a weapon into a machine gun; and any combination of parts from
3 which a machine gun can be assembled if the parts are in the possession or
4 under the control of a person. The term does not include any weapon or other
5 item that is registered in the National Firearms Registration and Transfer
6 Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
7 Explosives, or that is otherwise not subject to that registration requirement.
8    (b) A person shall not possess a bump-fire stock or a machine gun. A
9 person who violates this subsection shall be imprisoned not more than one year
10 or fined not more than $1,000.00, or both.
11    (c) The Department of Public Safety shall develop, promote, and execute a
12 collection process that permits persons to voluntarily and anonymously
13 relinquish bump-fire stocks prior to the effective date of this section October 1,
14 2018.
15 Sec. 5. 13 V.S.A. § 4028 is added to read:
16 § 4028. POSSESSION OF FIREARMS PROHIBITED ON PREMISES
17LICENSED TO SERVE ALCOHOL
18    (a) A person shall not knowingly possess a firearm on premises where
19 alcohol is licensed to be served.
20    (b) A person who violates this section shall be imprisoned for not more
21 than one year or fined not more than $1,000.00, or both.
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1    (c) This section shall not apply to:
2(1)(A) a second-class licensed premises, including a premises used for a
3 retail alcoholic beverage tasting permit;
4(B) sidewalks or public highways that pass through an outside
5 premises for which a licensee holds an outside consumption permit;
6(C) the premises for which a licensee holds a limited event permit,
7 special event permit, or special event serving permit; or
8(D) a dining car for which a licensee holds a promotional railroad
9 tasting permit; or
10(2) a firearm possessed by:
11(A) a federal law enforcement officer or a law enforcement officer
12 certified as a law enforcement officer by the Vermont Criminal Justice Council
13 pursuant to 20 V.S.A. § 2358, for legitimate law enforcement purposes;
14(B) a law enforcement officer of another state who is authorized to
15 carry a firearm by the officer’s state or local law enforcement agency and is
16 carrying the firearm for legitimate law enforcement purposes;
17(C) a member of the Vermont National Guard, of the National Guard
18 of another state, or of the U.S. Armed Forces who is on duty and acting under
19 state or federal orders;
20(D) any government officer, agent, or employee authorized to carry a
21 weapon and acting within the scope of that person’s duties; or
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1(E) the holder of the license for the premises, provided that person is
2 not prohibited from possessing a firearm under state or federal law.
3    (d) The owner or operator of a premises where alcohol is licensed to be
4 served shall cause notice of the provisions of this section to be posted
5 conspicuously at each public entrance to the premises.
6    (e) As used in this section, “firearm” has the same meaning as in
7 subsection 4017(d) of this title.
8 Sec. 6. EFFECTIVE DATE
9    This act shall take effect on passage.
Sec. 1. 13 V.S.A. § 4017 is amended to read:
§ 4017. PERSONS PROHIBITED FROM POSSESSING FIREARMS;
        CONVICTION OF VIOLENT CRIME
   (a) A person shall not possess a firearm if the person has been convicted of
a violent crime.
   (b) A person who violates this section shall:
     (1) for a first offense, be imprisoned not more than two years or fined
not more than $1,000.00, or both; or
      (2) for a second or subsequent offense, be imprisoned not more than
three years or fined not more than $5,000.00, or both.
    (c) This section shall not apply to a person who is exempt from federal
firearms restrictions under 18 U.S.C. § 925(c).
   (d) As used in this section:
      (1)(A) “Firearm” means:
           (i) any weapon (including a starter gun) that will or is designed to
or may readily be converted to expel a projectile by the action of an explosive;
            (ii) the frame or receiver of any such weapon; or
            (iii) any firearm muffler or firearm silencer.
         (B) “Firearm” shall does not include an antique firearm.
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     (2) “Antique firearm” means:
     (A) Any firearm (including any firearm with a matchlock, flintlock,
percussion cap, or similar type of ignition system) manufactured in or before
1898.
     (B) Any replica of any firearm described in subdivision (A) of this
subdivision (2) if the replica:
         (i) is not designed or redesigned for using rimfire or conventional
centerfire fixed ammunition; or
        (ii) uses rimfire or conventional centerfire fixed ammunition that
is no longer manufactured in the United States and that is not readily available
in the ordinary channels of commercial trade.
     (C) Any muzzle loading rifle, muzzle loading shotgun, or muzzle
loading pistol that is designed to use black powder or a black powder
substitute and that cannot use fixed ammunition. As used in this subdivision
(C), “antique firearm” shall does not include a weapon that incorporates a
firearm frame or receiver, a firearm that is converted into a muzzle loading
weapon, or any muzzle loading weapon that can be readily converted to fire
fixed ammunition by replacing the barrel, bolt, breechblock, or any
combination thereof.
     (3) “Violent crime” means:
     (A)(i) A listed crime as defined in subdivision 5301(7) of this title
other than:
             (I) lewd or lascivious conduct as defined in section 2601 of this
title;
           (II) recklessly endangering another person as defined in
section 1025 of this title;
           (III) operating a vehicle under the influence of alcohol or other
substance with either death or serious bodily injury resulting as defined in
23 V.S.A. § 1210(f) and (g);
           (IV) careless or negligent operation resulting in serious bodily
injury or death as defined in 23 V.S.A. § 1091(b);
           (V) leaving the scene of an accident resulting in serious bodily
injury or death as defined in 23 V.S.A. § 1128(b) or (c); or
           (VI) a misdemeanor violation of chapter 28 of this title,
relating to abuse, neglect, and exploitation of vulnerable adults; or
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        (ii) a comparable offense and sentence in another jurisdiction if
the offense prohibits the person from possessing a firearm under 18 U.S.C.
§ 922(g)(1) or 18 U.S.C. § 921(a)(20).
      (B) An offense involving sexual exploitation of children in violation
of chapter 64 of this title, or a comparable offense and sentence in another
jurisdiction if the offense prohibits the person from possessing a firearm under
18 U.S.C. § 922(g)(1) or 18 U.S.C. § 921(a)(20).
     (C) A violation of 18 V.S.A. § 4231(b)(2), (b)(3), or (c) (selling,
dispensing, or trafficking cocaine); 4232(b)(2) or (b)(3) (selling or dispensing
LSD); 4233(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking heroin);
4234(b)(2) or (b)(3) (selling or dispensing depressants, stimulants, and
narcotics); 4234a(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking
methamphetamine); 4235(c)(2) or (c)(3) (selling or dispensing hallucinogenic
drugs); 4235a(b)(2) or (b)(3) (selling or dispensing Ecstasy), or a comparable
offense and sentence in another jurisdiction if the offense prohibits the person
from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C.
§ 921(a)(20).
     (D) A conviction of possession with intent to distribute a controlled
substance other than cannabis in another jurisdiction if the offense prohibits
the person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C.
§ 921(a)(20).
Sec. 2. 13 V.S.A. § 4017a is amended to read:
§ 4017a. FUGITIVES FROM JUSTICE; PERSONS SUBJECT TO FINAL
     RELIEF FROM ABUSE OR STALKING ORDER; PERSONS
     CHARGED WITH CERTAIN OFFENSES; PROHIBITION ON
     POSSESSION OF FIREARMS
   (a) A person shall not possess a firearm if the person:
  (1) is a fugitive from justice;
  (2) is the subject of a final relief from abuse order issued pursuant to
15 V.S.A. § 1103;
  (3) is the subject of a final order against stalking issued pursuant to
12 V.S.A. § 5133 if the order prohibits the person from possessing a firearm; or
  (4) is a person against whom charges are pending for:
     (A) carrying a dangerous weapon while committing a felony in
violation of section 4005 of this title;
    (B) trafficking a regulated drug in violation of 18 V.S.A. chapter 84,
subchapter 1; or
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     (C) human trafficking or aggravated human trafficking in violation
of section 2652 or 2653 of this title; or
  (5)(A)(i) has been found by the court to be a person in need of treatment
or a patient in need of further treatment pursuant to section 4822 of this title
and:
           (I) not guilty by reason of insanity of a violent crime as defined
in section 4017 of this title; or
           (II) incompetent to stand trial for a violent crime as defined in
section 4017 of this title; or
        (ii) is the subject of a hospitalization order issued by the court
pursuant to 18 V.S.A. § 7617(b)(1) or (2) or a nonhospitalization order issued
by the court pursuant to 18 V.S.A. § 7617(b)(3).
     (B) Subdivision (A) of this subdivision (5) shall not apply to a person
if the Family Division grants a petition for relief from firearms disability for
the person pursuant to section 4825 of this title.
   (b) A person who violates this section shall:
 (1) for a first offense, be imprisoned not more than two years or fined
not more than $1,000.00, or both; or
  (2) for a second or subsequent offense, be imprisoned not more than
three years or fined not more than $5,000.00, or both.
   (c) As used in this section:
  (1) “Firearm” has the same meaning as in section 4017 of this title.
  (2) “Fugitive from justice” means a person who has fled:
     (A) to avoid prosecution for a crime Vermont criminal offense or for
an offense that would be a crime if committed in Vermont; or
     (B) to avoid giving testimony in a criminal proceeding.
Sec. 3. 13 V.S.A. § 4019a is amended to read:
§ 4019a. FIREARMS TRANSFERS; WAITING PERIOD
(a)(1) A person shall not transfer a firearm to another person until 72
hours after the licensed dealer facilitating the transfer is provided with a
unique identification number for the transfer by the National Instant Criminal
Background Check System (NICS) or seven business days have elapsed since
the dealer contacted NICS to initiate the background check, whichever occurs
first.
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   (2) If a firearm is transferred by mail, the 72-hour waiting period
required by subdivision (1) of this subsection shall commence when the order
is placed. This subdivision shall not apply unless the transferee provides the
licensed dealer facilitating the transfer with a receipt and documentation of a
verified tracking number indicating the date the firearm was purchased and
mailed. If the transferee fails to provide a receipt and documentation of a
verified tracking number that satisfactorily indicates the purchase and mailing
dates to the dealer, the dealer shall refuse to transfer the firearm to the
transferee until completion of the waiting period required by subdivision (1) of
this subsection.
   (b) A person who transfers a firearm to another person in violation of
subsection (a) of this section shall be imprisoned not more than one year or
fined not more than $500.00, or both.
  (c) This section shall not apply to a firearm transfer that does not require a
background check under 18 U.S.C. § 922(t) or section 4019 of this title.
   (d) As used in this section, “firearm” has the same meaning as in
subsection 4017(d) of this title.
   (e) [Repealed.]
   (f) This section shall not apply to the return of a firearm, frame, or receiver
to a person by a licensed dealer after the dealer has serialized it pursuant to
federal law or section 4084 of this title if the dealer returns the firearm, frame,
or receiver to the same person from whom it was received.
Sec. 4. 13 V.S.A. § 4022 is amended to read:
§ 4022. BUMP-FIRE STOCKS; MACHINE GUNS; POSSESSION
    PROHIBITED
   (a) As used in this section,:
   (1) “bump-fire stock” “Bump-fire stock” means a butt stock designed to
be attached to a semiautomatic firearm and intended to increase the rate of fire
achievable with the firearm to that of a fully automatic firearm by using the
energy from the recoil of the firearm to generate a reciprocating action that
facilitates the repeated activation of the trigger.
  (2) “Machine gun” means any weapon that shoots, is designed to shoot,
or can be readily restored to shoot automatically more than one shot without
manual reloading, by a single function of the trigger. The term also includes
the frame or receiver of any such weapon; any part designed and intended
solely and exclusively, or combination of parts designed and intended, for use
in converting a weapon into a machine gun; and any combination of parts
from which a machine gun can be assembled if the parts are in the possession
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or under the control of a person. The term does not include any weapon or
other item that is registered in the National Firearms Registration and Transfer
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
Explosives, or that is otherwise not subject to that registration requirement.
   (b) A person shall not possess a bump-fire stock or a machine gun. A
person who violates this subsection shall be imprisoned not more than one
year or fined not more than $1,000.00, or both.
   (c) The Department of Public Safety shall develop, promote, and execute a
collection process that permits persons to voluntarily and anonymously
relinquish bump-fire stocks prior to the effective date of this section October 1,
2018.
Sec. 5. 13 V.S.A. § 4028 is added to read:
§ 4028. POSSESSION OF FIREARMS PROHIBITED ON PREMISES
    LICENSED TO SERVE ALCOHOL
   (a) A person shall not knowingly possess a firearm on premises where
alcohol is licensed to be served.
   (b) A person who violates this section shall be imprisoned for not more
than one year or fined not more than $1,000.00, or both.
   (c) This section shall not apply to:
   (1)(A) a second-class licensed premises, including a premises used for a
retail alcoholic beverage tasting permit;
    (B) sidewalks or public highways that pass through an outside
premises for which a licensee holds an outside consumption permit;
     (C) the premises for which a licensee holds a limited event permit,
special event permit, or special event serving permit; or
     (D) a dining car for which a licensee holds a promotional railroad
tasting permit; or
  (2) a firearm possessed by:
      (A) a federal law enforcement officer or a law enforcement officer
certified as a law enforcement officer by the Vermont Criminal Justice Council
pursuant to 20 V.S.A. § 2358 for legitimate law enforcement purposes;
     (B) a law enforcement officer of another state who is authorized to
carry a firearm by the officer’s state or local law enforcement agency and is
carrying the firearm for legitimate law enforcement purposes;
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      (C) a member of the Vermont National Guard, of the National Guard
of another state, or of the U.S. Armed Forces who is on duty and acting under
state or federal orders;
   (D) any government officer, agent, or employee authorized to carry a
weapon and acting within the scope of that person’s duties; or
     (E) the holder of the license for the premises, provided that person is
not prohibited from possessing a firearm under state or federal law.
   (d) The owner or operator of a premises where alcohol is licensed to be
served shall cause notice of the provisions of this section to be posted
conspicuously at each public entrance to the premises.
   (e) As used in this section, “firearm” has the same meaning as in
subsection 4017(d) of this title.
Sec. 6. 13 V.S.A. § 4824 is amended to read:
§ 4824. REPORTING; NATIONAL INSTANT CRIMINAL
    BACKGROUND CHECK SYSTEM
   (a) If the court finds that a person is a person in need of treatment or a
patient in need of further treatment pursuant to section 4822 of this title, the
Court Administrator shall within 48 hours report the name of the person
subject to the order to the National Instant Criminal Background Check
System, established by Section 103 of the Brady Handgun Violence Prevention
Act of 1993. The report shall include only information sufficient to identify the
person, the reason for the report, and a statement that the report is made in
accordance with 18 U.S.C. § 922(g)(4).
                                  ***
Sec. 7. EFFECTIVE DATE
   This act shall take effect on passage.