Voters in Burlington, Vermont have overwhelmingly approved a city charter change which bans firearms in places where alcohol is sold, although according to the VTDigger, the measure “would require approval from the state Legislature, which stymied Burlington’s earlier attempt.”
Under Vermont’s preemption statute (VT. STAT. ANN. tit. 24 § 2295 (2011) ), detailed by the National Rifle Association, “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.”
When the city first attempted to adopt such a regulation back in 2014, it apparently gathered dust in the Legislature. Now, 11 years later, the city is trying again.
Liberal Mayor Emma Mulvaney-Stanak reportedly issued a statement, “For the second time in recent history, Burlington voters have made clear their support for this important policy change. My administration will advocate for the legislature to respect the will of the voters and adopt this charter change.”
According to VTDigger, the city council proposed the regulation last year following a shooting outside of a bar. One man was killed in that incident, which involved a man and woman who had apparently been in an argument prior to the shooting, which occurred in August.
There may be a constitutional issue as well as state preemption. The Vermont Constitution states, “That the people have a right to bear arms for the defense of themselves and the State as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.”
