Bill Summary – FastDemocracy

BILL AS INTRODUCED                                                          H.743
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                                       H.743
 Introduced by Representatives Brennan of Colchester, Branagan of Georgia,
                Canfield of Fair Haven, Clifford of Rutland City, Demar of
                Enosburgh, Graham of Williamstown, Hango of Berkshire,
                Labor of Morgan, Morgan of Milton, Oliver of Sheldon, Page
                of Newport City, Parsons of Newbury, Shaw of Pittsford, Smith
                of Derby, Taylor of Milton, Walker of Swanton, and Williams
                of Granby
 Referred to Committee on
 Date:
 Subject: Firearms; waiting period; exemptions
 Statement of purpose of bill as introduced: This bill proposes to establish an
 exemption from the 72-hour waiting period for firearm transfers for a person
 who already owns a firearm if the person provides the firearms dealer with
 (1) a firearm and its bill of sale, or (2) a proof of firearms ownership card
 issued by the Department of Public Safety. The bill establishes a program that
 permits a person to obtain a proof of firearms ownership card from the
 Department of Public Safety.
    An act relating to an exemption to the firearms transfer waiting period for
    persons who already own firearms VT LEG #373218 v.1
     BILL AS INTRODUCED                                                           H.743
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 It is hereby enacted by the General Assembly of the State of Vermont:
 Sec. 1. 13 V.S.A. § 4019a is amended to read:
 § 4019a. FIREARMS TRANSFERS; WAITING PERIOD
    (a) 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.
    (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)(1) This section shall not apply to a firearms transfer at a gun show.
          (2) As used in this subsection, “gun show” means a function sponsored
 by:
            (A) a national, state, or local organization, devoted to the collection,
 competitive use, or other sporting use of firearms; or VT LEG #373218 v.1
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            (B) an organization or association that sponsors functions devoted to
 the collection, competitive use, or other sporting use of firearms in the
 community.
       (3) This subsection shall be repealed on July 1, 2024.
    (f) This section shall not apply to a firearm transfer if the proposed
 transferee provides the firearms dealer facilitating the transfer with:
       (1) a firearm and a bill of sale for the transfer of the firearm to the
 person; or
       (2) a proof of firearms ownership card issued by the Department of
 Public Safety pursuant to 20 V.S.A. chapter 147.
 Sec. 2. 20 V.S.A. chapter 147 is added to read:
        CHAPTER 147. PROOF OF FIREARMS OWNERSHIP CARD
 § 2311. FIREARMS OWNERSHIP CARD AUTHORITY
    The Department of Public Safety shall have authority to issue a proof of
 firearms ownership card consistent with the requirements of this chapter.
 § 2312. APPLICATION PROCEDURE; ISSUANCE
    (a) A person may apply to the Department for a proof of firearms
 ownership card on a form approved by the Department. The application shall
 include:
       (1) a full physical description of the applicant; and VT LEG #373218 v.1
     BILL AS INTRODUCED                                                            H.743
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         (2) a form approved by the Commissioner that, upon the licensee’s
 execution of the form subject to the pains and penalties of perjury, documents
 that the licensee owns a firearm.
    (b) Within 90 days after an application for a proof of firearms ownership
 card is filed, the Department shall:
         (1) approve the application and issue a proof of firearms ownership
 card;
         (2) issue a temporary eligibility certificate, which shall be valid until the
 Department approves or denies the application; or
         (3) deny the application and notify the applicant in writing of the reason
 for the denial.
    (c) The Department shall issue a proof of firearms ownership card to an
 applicant unless it determines that the applicant:
         (1) is prohibited from possessing a firearm under 13 V.S.A. § 4017,
 18 U.S.C. § 922, or any other provision of State or federal law;
         (2) is the subject of an extreme risk protection order issued pursuant to
 13 V.S.A. § 4053;
         (3) is the subject of a final relief from abuse order issued pursuant to
 15 V.S.A. § 1104; or
         (4) is the subject of a final order against stalking issued pursuant to
 12 V.S.A. § 5133.
                                                                           VT LEG #373218 v.1
     BILL AS INTRODUCED                                                       H.743
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    (d) A proof of firearms ownership card issued under this section shall be
 signed by the license holder and shall include:
       (1) an identification number;
       (2) the name, address, place and date of birth, height, weight, and eye
 color of the license holder; and
       (3) a full-face photograph of the license holder.
    (e) A person holding a proof of firearms ownership card issued under this
 section shall notify the Department within two business days of any change in
 the person’s address. The notification shall include the person’s old and new
 address.
 § 2313. LICENSE FEE
    The Department shall collect a fee of $25.00 from each applicant for a proof
 of firearms ownership card issued pursuant to section 2312 of this title. Fees
 collected pursuant to this section shall be deposited in the General Fund and
 appropriated to the Department for purposes of supporting the firearms
 ownership card program established by this chapter.
 § 2314. REVOCATION
    (a) The Department shall revoke a proof of firearms ownership card issued
 under subsection 2312(b) of this title upon the occurrence of any event that
 would have disqualified the holder from being issued the license under VT LEG #373218 v.1
     BILL AS INTRODUCED                                                        H.743
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 subsection 2312(c) of this title. The Department shall immediately provide
 written notice of the revocation to the license holder.
    (b) A license holder who fails to return the holder’s license after receiving
 written notice of the license’s revocation from the Department shall be fined
 not more than $500.00.
 § 2315. DEFINITIONS
    As used in this chapter:
       (1) “Department” means the Department of Public Safety.
       (2) “Firearm” has the same meaning as in 13 V.S.A. § 4017(d).
 Sec. 3. EFFECTIVE DATE
    This act shall take effect on passage.
                                                                       VT LEG #373218 v.1
Statutes affected: 
As Introduced: 13-4019a