Act No. 45 Page 1 of 1
2023
This act summary is provided for the convenience of the public and members of the General Assembly. It
is intended to provide a general summary of the act and may not be exhaustive. It has been prepared by the
staff of the Office of Legislative Counsel without input from members of the General Assembly. It is not
intended to aid in the interpretation of legislation or to serve as a source of legislative intent.
Act No. 45 (H. 230). An act relating to implementing mechanisms to reduce suicide and
community violence
Subjects: Health; mental health; suicide prevention; reducing lethal means;
firearms
This act contains several provisions related to reducing suicide by firearms and to
reducing community violence.
Sec. 3 of this act establishes the crime of negligent firearms storage, which is
committed if certain harms result because a person keeps or stores firearms in any
premises under the person’s custody or control and the person knows or reasonably
should know that a child or prohibited person is likely to gain access to the firearm. If
the resulting harm is that the firearm is accessed by a child or a person prohibited by law
from possessing a firearm who uses it to commit a crime or displays it in a threatening
manner, the person who stored or kept the firearm may be imprisoned not more than one
year or fined not more than $1,000.00, or both. If the resulting harm is that the firearm is
accessed by a child or a person prohibited by law from possessing a firearm who uses it
to cause death or injury to any person, the person who stored or kept the firearm may be
imprisoned not more than five years or fined not more than $5,000.00, or both.
This act creates several exceptions to the crime of negligent firearms storage. First,
there is no crime if the firearm is carried by or within such close proximity that it can be
readily retrieved and used by the owner or another authorized user. Nor is there a crime
if the child or prohibited person accesses the firearm during an illegal entry or while
acting in self-defense or defense of another person. Lastly, there is no crime if the person
stores or keeps the firearm in a locked container or equipped with a tamper-resistant
mechanical lock or other safety device.
This act also requires firearms dealers to post signs where they conduct sales that warn
purchasers about the risks of firearms and suicide and that inform purchasers about the
need to securely store firearms and the importance of seeking firearm safety instructions.
Secs. 4–6 of this act expand the procedure for obtaining an extreme risk protection
order (ERPO) by permitting an ERPO petition to be filed by a family member or a
household member. Under current law, the petition can only be filed by a State’s
Attorney or the Attorney General.
Sec. 7 of this act requires a 72-hour waiting period for most firearms transfers. The
waiting period is not required for firearms transfers that do not require a background
check, such as transfers between immediate family members, law enforcement, or the
military.
Effective Date: July 1, 2023
VT LEG #371229 v.2


Statutes affected:
As Passed By the House -- Official: 13-4051, 13-4052, 13-4053, 13-4054, 13-4055
As Passed By the House -- Unofficial: 13-4051, 13-4053, 13-4054
As Passed by Both House and Senate -- Official: 13-4051, 13-4052, 13-4053, 13-4054, 13-4055
As Passed by Both House and Senate -- Unofficial: 13-4051, 13-4053, 13-4054
As Enacted: 13-4051, 13-4053, 13-4054