Senate advances bill to bar firearms in establishments that serve alcohol, adds penalties and transfer clarifications

The Senate amended and ordered third reading of S329 on a roll call after extended floor debate over whether a statewide ban on firearms in premises that serve alcohol is appropriate.

Senator from Chittenden (Speaker 4), the bill reporter, told senators the measure creates a second-tier felony for repeated violations of firearm-possession prohibitions, saying the committee intends the enhanced penalty to target a pattern of offenses: "a person would have to be convicted 3 times" to trigger the felony, punishable by up to three years in prison or a fine not to exceed $5,000.

The bill also narrows the list of offenses that strip firearm rights (removing "dispensing" from the statute's definition of triggering violent-crime disqualifiers) and adds a class of prohibited persons mirroring federal categories, including people found to be "in need of treatment." The reporter said restoration is possible through a petition process rather than permanent forfeiture.

Committee discussion addressed the statutory waiting period for transfers. Under current law a 72‑hour waiting period was created to "cool off" potential purchasers; S329 would allow the shipping time to count toward that period if the transferee provides verified tracking and a receipt, reducing the need for an extra trip to the Federal Firearms Licensee (FFL) for the purchaser.

The bill mirrors federal machine-gun prohibitions so state prosecutors can bring parallel charges if needed; it also requires that certain mental-health related prohibitions be entered into the National Instant Criminal Background Check System (NICS) so prohibitions are enforced at federal background checks.

Floor debate ranged from support for sensitive-space prohibitions to objections that the bill imposes a statewide solution for a problem the speaker for Essex (Speaker 11) said is localized. "Vermont doesn't have a gun problem," the Senator from Essex said, arguing the bill "won't go very far" and that local prosecution could address specific hotspots. Supporters pointed to recent shootings and law-enforcement testimony urging protections for places where alcohol consumption may impair judgment.

After senators debated carve-outs for licensees, law-enforcement on duty, and the status of sidewalks and outdoor seating, the chamber voted on the committee-recommended amendment by roll call. The secretary announced: "Those voting, yes, 17. Those voting, no, 13." The chair announced the ayes have it and the Senate ordered third reading of S329.

Next steps: the bill is set for third reading with an amendment adopted on the floor; additional amendments were flagged during floor remarks and may be proposed during third reading.