An act relating to firearms relinquishment and storage procedures

Removed Section 1 amending the grand larceny statute to classify theft of any firearm (regardless of value) as grand larceny punishable by up to 10 years imprisonment or $5,000 fine.

Removed Section 2 prohibiting possession of firearms by persons convicted of violent crimes, with penalties of up to 2 years for a first offense and 3 years for subsequent offenses.

Removed Section 3 prohibiting firearm possession by fugitives from justice, persons subject to final relief from abuse or stalking orders, persons charged with certain offenses, and persons found by a court to be in need of treatment due to mental illness.

Removed Section 4 prohibiting possession of bump-fire stocks, machine guns, and rapid-fire devices, with penalties of up to 1 year imprisonment or $1,000 fine, and requiring the Department of Public Safety to develop a voluntary anonymous collection process for bump-fire stocks.

Removed Section 5 adding a new subchapter (13 V.S.A. chapter 85, subchapter 5) that would have made firearms industry members liable for public nuisance damages if they knowingly created or contributed to a public nuisance through sale, manufacture, importation, or marketing of firearm-related products, and required them to implement 'reasonable controls' to prevent straw purchases and trafficking.

Added detailed procedures for third-party holding of surrendered firearms: the proposed third party must pass a NICS background check, execute an affidavit acknowledging receipt and assuming storage responsibility, and is subject to civil contempt if they allow unauthorized access to the firearms.

Added victim notification requirement: law enforcement must make reasonable efforts to notify the plaintiff at least 24 hours before releasing firearms, unless the plaintiff is present in court when the order is dismissed and orally informed on the record.

Added storage fee structure: law enforcement agencies may charge up to $200 for the first firearm or weapon and $50 for each additional item, prorated over up to 15 months, then $50 per item per year thereafter. Federally licensed firearms dealers may charge fees reasonably related to their administrative expenses.

Added a 90-day forfeiture provision: if the defendant fails to retrieve firearms within 90 days after becoming eligible for release, ownership is forfeited and the firearms may be sold with proceeds retained by the storage provider.

Added provisions allowing law enforcement agencies without storage capacity to transfer nonevidentiary firearms to federally licensed firearms dealers, with required notice to the defendant including dealer contact info, fee responsibility, forfeiture terms, and third-party storage options.

New Section 5 adds 13 V.S.A. chapter 85, subchapter 5 (sections 4091-4093), creating a civil liability framework under which firearms industry members can be held liable for public nuisance. It defines 'firearm industry member,' 'reasonable controls,' 'straw purchaser,' and other terms, prohibits knowingly contributing to a public nuisance through sale, manufacture, importation, or marketing of firearm-related products, requires implementation of reasonable controls, and grants the Attorney General and private parties enforcement rights under 9 V.S.A. chapter 63, subchapter 1.

Section 4022 gains two new definitions: 'auto sear' (a device other than a bump stock designed to convert a semi-automatic firearm to shoot more than one shot with a single trigger pull) and 'rapid-fire device' (any device, including an auto sear, that increases a weapon's rate of fire or trigger activation rate when installed or attached).

The 'fugitive from justice' definition in section 4017a(c)(2) is simplified from a two-part structure (fled to avoid prosecution for a Vermont criminal offense or an offense that would be a crime if committed in Vermont, OR fled to avoid giving testimony) to a single sentence: 'a person who has fled to avoid prosecution for a crime or to avoid giving testimony in a criminal proceeding.'

The prohibition in section 4022(b) expands from covering only bump-fire stocks and machine guns to also cover rapid-fire devices. The section title changes to 'BUMP-FIRE STOCKS; MACHINE GUNS; RAPID-FIRE DEVICES; POSSESSION PROHIBITED.'

Section 4017a(a)(5) is restructured: the unofficial version had a complex multi-part test covering persons found in need of treatment who were NGRI for violent crimes, incompetent to stand trial, subject to commitment orders, or subject to hospitalization orders. The official version simplifies this to two grounds: (i) found by the court to be a person in need of treatment under section 4822, or (ii) subject to a hospitalization or nonhospitalization order under 18 V.S.A. section 7617(b).

Section 2501(b) cross-reference corrected from 'section 4017 of this title' to 'section 4016 of this title' for the definition of firearm used in the grand larceny provision.

Drafting errors corrected: instances of 'shall does not include' (showing both old and new text) are cleaned up to 'shall not include' in the antique firearm definitions in section 4017(d).

The effective date provision is renumbered from Section 5 to Section 6 to accommodate the new Section 5 (public nuisance liability).

Removed the grand larceny provision that would have made stealing a firearm of any value a grand larceny offense (13 V.S.A. 2501 amendment).

Removed the ban on bump-fire stocks, machine guns, auto sears, and rapid-fire devices, including a voluntary surrender program for bump stocks (13 V.S.A. 4022).

The bill title changed from 'An act relating to firearms procedures' to 'An act relating to firearms relinquishment and storage procedures,' reflecting the shift from criminal penalties and industry liability to administrative storage and transfer procedures.

Removed the enhanced penalty section for persons prohibited from possessing firearms due to violent crime convictions, including a broad definition of 'violent crime' covering drug trafficking, sexual exploitation of children, and other offenses (13 V.S.A. 4017).

Removed the section prohibiting firearm possession by fugitives from justice, persons subject to final relief from abuse or stalking orders, persons charged with certain offenses, and persons found in need of treatment due to mental illness (13 V.S.A. 4017a).

Removed the entire public nuisance liability subchapter that would have allowed civil suits against firearm industry members for creating or contributing to public nuisances through sale, manufacture, importation, or marketing of firearms (13 V.S.A. ch. 85, subch. 5).

Added immunity provisions protecting law enforcement agencies and federally licensed firearms dealers from civil or criminal liability for sale of firearms (with proper notice) and for damage or deterioration during storage, except in cases of recklessness, gross negligence, or intentional misconduct.

Added a comprehensive new section (20 V.S.A. 2307) establishing procedures for relinquishment of firearms under relief from abuse orders and extreme risk protection orders, including options to surrender to law enforcement, federally licensed firearms dealers, or court-approved third parties.

Added a requirement that law enforcement agencies provide at least 24 hours advance notice to the plaintiff before releasing stored firearms, unless the plaintiff is present in court when the order is dismissed.

Added a requirement that the Department of Public Safety establish minimum standards for qualified storage locations, adopt policies encouraging FFL dealers to provide storage, set fee schedules, and create storage guidelines including receipt requirements with serial numbers.

Added a fee structure allowing storage charges of $200 for the first firearm and $50 for each additional firearm for up to 15 months (prorated), then $50 per firearm per year thereafter. Fees do not begin accruing until after a final order is issued.

Added third-party storage option requiring the proposed holder to pass a NICS background check, execute an affidavit acknowledging receipt and storage responsibility, and be subject to civil contempt if they allow unauthorized access to the firearms.

Added a 90-day retrieval window after a court orders release of stored firearms; if not retrieved, the items may be sold for fair market value with proceeds applied to unpaid fees first, then returned to the owner. If unclaimed within 90 days after certified letter notice, the storing entity may retain all sale proceeds.

Added a new section (20 V.S.A. 2308) requiring the Law Enforcement Advisory Board to adopt a statewide model policy on firearms access by prohibited persons by December 30, 2026, and requiring all law enforcement agencies to adopt that policy by June 30, 2027, with automatic adoption if an agency fails to act.

The entire new Subchapter 5 (Sections 4091-4093) was deleted. This section would have created a public nuisance cause of action against firearms industry members, required them to establish 'reasonable controls' over their products, and gave the Attorney General civil enforcement authority. Its removal means the passed bill does not create any new liability for gun manufacturers or dealers.

The definitions of 'auto sear' and 'rapid-fire device' were removed from Section 4022, and the prohibition on possessing those items was eliminated. The section now only prohibits possession of bump-fire stocks and machine guns.

The mental health firearm prohibition in Section 4017a was substantially narrowed. The introduced version prohibited possession by anyone found to be a 'person in need of treatment' or subject to hospitalization/nonhospitalization orders. The passed version requires that the PNT finding be connected to either an NGRI verdict for a violent crime, incompetence to stand trial for certain offenses, a commitment order where the charged offense was not a violent crime, or a hospitalization order under 18 V.S.A. 7617.

An exemption was added to the machine gun definition in Section 4022: weapons registered in the National Firearms Registration and Transfer Record (NFA) maintained by ATF, or otherwise not subject to that registration requirement, are excluded from the prohibition. This means legally registered machine guns are no longer covered.

The definition of 'fugitive from justice' in Section 4017a was narrowed from any crime to specifically a 'Vermont criminal offense or for an offense that would be a crime if committed in Vermont.'

The cross-reference for the 'firearm' definition in Section 2501 (Grand Larceny) was corrected from section 4016 to section 4017, aligning it with the section the bill actually amends.