Gun bill 'dead,' punctuated by shouting

MONTPELIER – The firearms bill that stirred hundreds of Vermonters at a Statehouse public hearing is effectively "dead," the head of a key Senate committee said Wednesday — a day punctuated by shouting over the fate of the measure.

The bill's chief sponsor, however, says he hopes one part of the proposal will move forward.

Supporters of the bill faced strong headwinds, including the opposition of Gov. Peter Shumlin and pushback from Vermont's hunters and police chiefs. The most controversial provision would have required almost all private gun sales to go through a federally licensed firearms dealer and a background check.

"S.31 is not on the table," said Sen. Dick Sears, D-Bennington, the chairman of the Senate Judiciary Committee, during a discussion Wednesday morning. "Quite frankly, it's dead."

So instead of considering the full bill, the Judiciary Committee took testimony on just one piece: a proposed state law that would prohibit gun possession for people with certain types of criminal history, similar to an existing federal law.

Sen. John Campbell, D-Windsor, said Wednesday afternoon that this piece of the bill is the most important for addressing guns in drug-related crimes. Campbell said he expects the Senate Judiciary Committee to come up with a committee bill rather than back the one he sponsored.

Witnesses at Senate Judiciary were asked to answer this question: "Should Vermont have a law that would prohibit a person convicted of a violent crime and/or certain drug trafficking offenses from possessing a firearm?"

New law needed?

The vast majority of states have a law on the books that prohibits felons from gun possession, said David Cahill, executive director of the Department of State's Attorneys and Sheriffs.

A state law would enable Vermont prosecutors to go after cases that federal prosecutors might overlook, Cahill said.

"There are going to be events involving felons who are in possession of firearms that the feds just aren't going to handle, because those aren't the big-splash cases; those aren't the best bang-for-your-buck cases," Cahill said. "But we, at the state level, are resourced to handle those."

Vermont is a relatively safe state, Cahill said, but "we're seeing the beginnings of a trend toward violent crime that we should nip in the bud."

Supporters of the new, narrow law include Gun Sense Vermont, which has advocated for a variety of proposed gun regulations, the Vermont League of Cities and Towns and the Vermont Police Chiefs Association.

The Vermont Federation of Sportsmen's Clubs and Gun Owners of Vermont, two groups that vehemently opposed S.31, say they also oppose the narrower provision.

Evan Hughes, vice president of the sportsmen's organization, argued that no new laws are necessary.

Allen Gilbert, executive director of the American Civil Liberties Union in Vermont, said the state has no "need" for a new law to reflect federal laws about gun possession. But the problem, he said, is that federal prosecutors are reluctant to prosecute.

Committee confrontation

The discussion turned tense when Sears, the Senate Judiciary Committee chairman, erupted in anger during testimony by Ed Cutler, president of Gun Owners of Vermont.

"You keep putting this bill in," said Cutler, who opposes the bill and the specific provision under consideration.

"What?" Sears replied, visibly angry. "Now wait a minute. I keep putting this bill in?"

"Wait, wait, wait, wait," Cutler said.

"Ed, I have never introduced a gun bill. Never!" Sears yelled.

"No, no, no, no," Cutler said. "The problem is, language —"

"You're the one that said I was extremely anti-gun, so you know, let's get all the things on the table," Sears said. "If you want to attack me, go ahead."

"I'm not trying to attack you," Cutler said.

"No, you are," Sears said. "You have attacked me for years. You're the one that ranked me extremely anti-gun. You're the one. Not me. And I have never introduced a gun bill in my life. I have protected gun owners' rights in this state forever. ... You know, I'm not afraid of you, and I'm not afraid of your group either, OK? Like some in this building."

"I am not trying to threaten you; I'm not trying to put you down," Cutler said.

"You said I introduced the bill," Sears said.

Later, Sears repeatedly apologized "for getting a little over-the-top" and said his behavior was inappropriate for a member of the Senate.

"We have been very emotional over the years over some of these issues," Sears said.

Outstanding questions

Sears indicated he did not support the background check provision of S.31, and he's waiting for information from the Senate Health and Welfare Committee about another section that would report to federal authorities the names of people judged mentally ill.

The issue of prohibiting felons from gun possession merits further attention, Sears said: "This is the outstanding question, quite frankly, in my mind."

The House of Representatives also has introduced a bill similar to S.31, which the House Judiciary Committee has yet to discuss.

EARLIER COVERAGE

Lawmakers ponder guns, mental illness

Passions high as Vermonters react to gun bill

Gun owners: Abandon background-check bill

Contact April Burbank at 802-660-1863 or aburbank@freepressmedia.com. Follow her on Twitter at www.twitter.com/AprilBurbank.