H 383

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1H.383
2 Introduced by Representatives Arsenault of Williston, Christie of Hartford,
3and LaLonde of South Burlington
4 Referred to Committee on
5 Date:
6 Subject: Public safety; criminal procedures; voluntary firearms licensing
7 Statement of purpose of bill as introduced: This bill proposes to establish a
8 voluntary firearms licensing system in Vermont that permits a person to obtain
9 a license from the Department of Public Safety to purchase a firearm. A
10 person who has obtained a license is not subject to the 72-hour waiting period
11 requirement when purchasing a firearm.
12    An act relating to a voluntary license to purchase firearms
13 It is hereby enacted by the General Assembly of the State of Vermont:
14 Sec. 1. 20 V.S.A. chapter 147 is added to read:
15CHAPTER 147. LICENSE FOR PURCHASE OF FIREARMS
16 § 2311. FIREARMS LICENSING AUTHORITY
17    The Department of Public Safety shall have authority to issue a license for a
18 person to purchase a firearm. The Department shall issue licenses for persons
19 to purchase firearms consistent with the requirements of this chapter.
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1 § 2312. APPLICATION PROCEDURE; ISSUANCE
2    (a) A person may apply to the Department for a license to purchase a
3 firearm on a form approved by the Department. The application shall include:
4(1) a full physical description of the applicant;
5(2) full information concerning the applicant’s criminal record and
6 relevant information concerning the applicant’s mental health history;
7(3) a set of the applicant’s fingerprints;
8(4) the names and contact information of the applicant’s spouse,
9 domestic partner, and any other adults who reside in the applicant’s home; and
10(5) the names of any minors who reside in the applicant’s home.
11    (b) The Department shall request from the Vermont Crime Information
12 Center, and the Center shall provide in response to the request, a copy of a
13 fingerprint-based Vermont criminal history record, out-of-state criminal
14 history record, and criminal history record from the Federal Bureau of
15 Investigation for each license applicant. A request made under this subsection
16 shall be accompanied by a release signed by the applicant on a form provided
17 by the Vermont Crime Information Center, a set of the person’s fingerprints,
18 and a fee established by the Vermont Crime Information Center that shall
19 reflect the cost of obtaining the record. The fee shall be paid by the applicant.
20    (c) Within 90 days after an application for a license to purchase a firearm is
21 filed, the Department shall:
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1(1) approve the application and issue a license to purchase a firearm;
2(2) issue a temporary eligibility certificate, which shall be valid until the
3 Department approves or denies the application; or
4(3) deny the application and notify the applicant in writing of the reason
5 for the denial.
6    (d) The Department shall issue a license to purchase a firearm to an
7 applicant unless it determines that the applicant:
8(1) is prohibited from possessing a firearm under 13 V.S.A. § 4017,
9 18 U.S.C. § 922, or any other provision of State or federal law;
10(2) has not successfully completed a firearms safety training course
11 approved by the Commissioner;
12(3) is the subject of an extreme risk protection order issued pursuant to
13 13 V.S.A. § 4053;
14(4) is the subject of a final relief from abuse order issued pursuant to
15 15 V.S.A. § 1104;
16(5) is the subject of a final order against stalking issued pursuant to
17 12 V.S.A. § 5133; or
18(6) would, if the applicant possessed a firearm, pose a risk of causing
19 harm to themselves, to another person, or to the public.
20    (e) A license to purchase a firearm issued under this section shall be signed
21 by the license holder and shall include:
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1(1) an identification number;
2(2) the name, address, place and date of birth, height, weight, and eye
3 color of the license holder; and
4(3) a full-face photograph of the license holder.
5    (f) A license to purchase a firearm issued under this section shall be valid
6 for two years after the date of issuance and may be renewed pursuant to
7 section 2313 of this title.
8    (g) A person holding a license issued under this section shall notify the
9 Department within two business days of any change in the person’s address.
10 The notification shall include the person’s old and new address.
11 § 2313. LICENSE FEE; EXPIRATION AND RENEWAL
12    (a) The Department shall collect a fee of $35.00 from each applicant for a
13 license issued pursuant to section 2312 of this title or a renewal of a license
14 issued pursuant to this section. Fees collected pursuant to this subsection shall
15 be deposited in the General Fund and appropriated to the Department for
16 purposes of supporting the firearms licensing program established by this
17 chapter.
18    (b) A license issued pursuant to section 2312 of this title or a renewal of a
19 license issued pursuant to this section shall expire two years after the date of
20 issuance.
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1    (c) The Department shall provide written notice to the license holder at
2 least 90 days before the license expires. The notice shall include an
3 application form for renewal of the license. An application for renewal of a
4 license shall serve as a temporary license, which shall be valid until the
5 Department approves or denies the renewal application. An application for
6 renewal of a license shall be subject to the same application and issuance
7 requirements as an original application for a license under section 2312 of this
8 title.
9 § 2314. REVOCATION
10    (a) The Department shall revoke a license to purchase firearms issued
11 under subsection 2312(c) of this title upon the occurrence of any event that
12 would have disqualified the holder from being issued the license under
13 subsection 2312(d) of this title. The Department shall immediately provide
14 written notice of the revocation to the license holder.
15    (b) A license holder who fails to return the holder’s license after receiving
16 written notice of the license’s revocation from the Department shall be
17 imprisoned not more 30 days or fined not more than $500.00, or both.
18 § 2315. DEFINITIONS
19    As used in this chapter:
20(1) “Department” means the Department of Public Safety.
21(2) “Firearm” has the same meaning as in 13 V.S.A. 4017(d).
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1(3) “License” means a license to purchase a firearm issued pursuant to
2 this chapter.
3 Sec. 2. 13 V.S.A. § 4019a is amended to read:
4 § 4019a. FIREARMS TRANSFERS; WAITING PERIOD
5    (a) A person shall not transfer a firearm to another person until 72 hours
6 after the licensed dealer facilitating the transfer is provided with a unique
7 identification number for the transfer by the National Instant Criminal
8 Background Check System (NICS) or seven business days have elapsed since
9 the dealer contacted NICS to initiate the background check, whichever occurs
10 first.
11    (b) A person who transfers a firearm to another person in violation of
12 subsection (a) of this section shall be imprisoned not more than one year or
13 fined not more than $500.00, or both.
14    (c) This section shall not apply to:
15(1) a firearm transfer that does not require a background check under
16 18 U.S.C. § 922(t) or section 4019 of this title; or
17(2) a firearm transfer to a person who has a current license to purchase
18 firearms issued by the Department of Public Safety pursuant to 20 V.S.A.
19 chapter 147.
20***
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1 Sec. 3. EFFECTIVE DATE
2   This act shall take effect on July 1, 2025.
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