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Burlington council wants to ban semi-auto guns

Etkini

New member
Joined
Jun 21, 2012
Messages
6
Location
Vermont
I read this a few hours ago on the Burlington Free Post, and all I have to say is this is interesting. When is the last time we had a mass (more than 2 people) shooting, let alone one with that they deem an "assault weapon?" I can guarantee you NONE of our murders were with either an "assault weapon" (God I hate that term) or a "high capacity magazine." I hope our AG backs us as he did in the case of Rutland trying to ban open and concealed carry, ruling it against Vermont's constitution. Link in case you don't remember or for out-of-staters.

I think Mr. Blais should acquaint himself with our state constitution, mainly articles 16 and 9. He should also take a good look at articles 6 and 7 as well. Reading the news article on the BFP suggests either he or the newspaper at least is aware of this, and I'd like to doubt if it even makes it to the state it'll pass. I also 100% agree with "...two of Blais’ fellow councilors suggesting the city would benefit more from action to improve mental health screening." (a quote taken from the BFP article) At least some people in this state have their heads on right.

Maybe he should consider banning "assault tractors" or "assault spontaneous combustion" instead and save himself the trouble.

Didn't they try this crap in 1993 too?

Here's the BFP article in case you haven't seen it.
 

CJ

Regular Member
Joined
Oct 20, 2007
Messages
76
Location
VT, AK, ,
FWIW, the burlington council is considering pushing for a gun ban as a charter change. This needs to be voted on by burlington voters then approved by the legislature to be done. We need any VT'ers to let our legislators know we won't accept that.
 

CJ

Regular Member
Joined
Oct 20, 2007
Messages
76
Location
VT, AK, ,
We do, that's why they're going for a charter change since a regular ordinance would just be tossed out by a court. A charter change takes the legislature's approval and could override the pre-emption statute. The legislature refused to do this for Montpelier but it's hard to say what will happen this time. We need to fight this tooth and nail every step of the way.

There's also a group out of Norwich pushing for gun bans.
 

boyscout399

Regular Member
Joined
May 23, 2008
Messages
905
Location
Lyman, Maine
Vermont Title 24 Sec 2295:

Except as otherwise provided by law, no town, city or incorporated village, by ordinance, resolution or other enactment, shall directly regulate hunting, fishing and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city or incorporated village under section 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter.
 

sharkey

Regular Member
Joined
Aug 8, 2010
Messages
1,065
Location
Arizona
Vermont Title 24 Sec 2295:

Except as otherwise provided by law, no town, city or incorporated village, by ordinance, resolution or other enactment, shall directly regulate hunting, fishing and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city or incorporated village under section 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter.
OK, where does charter fall into this? ETA, I mean as far as going around preemption? The above states it supersedes charter. The below says not to regulate possession.

24 2291(8) To regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in 10 V.S.A.
§ 5227.
 
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