Vermont has pre-emption

[Gary and Alla 3,694]

So I just read the law posted above which, as posted, is concerned primarily with shooting ranges. The crux appears to be in 28 § 2291(8). It seems that municipalities can "regulate or prohibit the use or discharge" of firearms, if not possession. So theoretically Burlington, while prevented from regulating possession of firearms, can ban the use or discharge of firearms. In practice this would probably be more symbolic than anything else, but the distinction can be made.

The ordinance is null and void. Get over it.

There are THREE laws posted above and in addition is the city charter clause of the State constitution which does not allow a city, ANY city, to reglate anything which is not specifically approved in their charter. This ordinance is DOA 6 ways from Sunday.

[Gary and Alla 3,694]

I don't know. Probably just living their lives not really giving two shits about what some village in Vermont is or isn't doing. Just my guess. That little congregation in the woods up north you guys call your state isn't really all that relevant to most people, you know? It just really isn't. I get it, you're looking for attention. Maybe Alla can spare some?

Pathetic.

Thank goodness you are with the opposition

Irrelevent? Our Senator Leahy is Chairman of the Judiciary committee in the Senate. You want a gun law? ANY gun law? He has to schedule it for a vote.

Edited January 14, 2013 by Gary and Alla

[elmcitymaven 9,711]

The ordinance is null and void. Get over it.

There are THREE laws posted above and in addition is the city charter clause of the State constitution which does not allow a city, ANY city, to reglate anything which is not specifically approved in their charter. This ordinance is DOA 6 ways from Sunday.

I quoted from state law, as posted by you. The law relates to possession. Reading the three statutes in tandem, it appears that municipalities can regulate use and discharge but not possession.

[I AM NOT THAT GUY 5,715]

I quoted from state law, as posted by you. The law relates to possession. Reading the three statutes in tandem, it appears that municipalities can regulate use and discharge but not possession.

Unlawful discharge of a firearm - usually an infraction or misdemeanor on its own, but can be combined with a more serious crime, such as reckless endangerment, or assault with a deadly weapon.

Also, evidently, the state of Vermont can restrict your right to carry, open, or concealed, for instance, within state institutions, or on the land they occupy, or in a courthouse, unless with prior permission.

Also, a student in not permitted possession, or to take a firearm upon a school.

http://www.mycal.net/Group42/weapons/laws/vt.htm

It does appear the state is reserving such restrictions to itself. It will be interesting to see what the courts decide.

[Dakine10 5,452]

Unlawful discharge of a firearm - usually an infraction or misdemeanor on its own, but can be combined with a more serious crime, such as reckless endangerment, or assault with a deadly weapon.

Also, evidently, the state of Vermont can restrict your right to carry, open, or concealed, for instance, within state institutions, or on the land they occupy, or in a courthouse, unless with prior permission.

Also, a student in not permitted possession, or to take a firearm upon a school.

http://www.mycal.net/Group42/weapons/laws/vt.htm

It does appear the state is reserving such restrictions to itself. It will be interesting to see what the courts decide.

Hypocrisy in Vermont? I have to say I'm a little surprised. I've only heard good things about Vermont. I have in on good so-so authority that Vermont is one of the best states in the entire Champlain Valley region.

[The Nature Boy 4,224]

Pathetic.

Thank goodness you are with the opposition

Irrelevent? Our Senator Leahy is Chairman of the Judiciary committee in the Senate. You want a gun law? ANY gun law? He has to schedule it for a vote.

Yes Pathetic and Irrelevant. You got him figured also, don't you Brother Gary

[Gary and Alla 3,694]

Unlawful discharge of a firearm - usually an infraction or misdemeanor on its own, but can be combined with a more serious crime, such as reckless endangerment, or assault with a deadly weapon.

Also, evidently, the state of Vermont can restrict your right to carry, open, or concealed, for instance, within state institutions, or on the land they occupy, or in a courthouse, unless with prior permission.

Also, a student in not permitted possession, or to take a firearm upon a school.

http://www.mycal.net/Group42/weapons/laws/vt.htm

It does appear the state is reserving such restrictions to itself. It will be interesting to see what the courts decide.

So much for "wackos having to learn who's in charge"

In order to enact the ordinance, the city has to request a change to their charter from the legislature allowing them to regulate posession of firearms.

Then they would have to spend millions to defend this nonsense in court. Yeah, right.

Game over

[Gary and Alla 3,694]

Hypocrisy in Vermont? I have to say I'm a little surprised. I've only heard good things about Vermont. I have in on good so-so authority that Vermont is one of the best states in the entire Champlain Valley region.

One of the best? Does you "source" know there are only TWO states in the Champlain Valley? So you have heard we are one of the best...of two? Whatever you do, KEEP that source of information. :lol:

[Dakine10 5,452]

One of the best? Does you "source" know there are only TWO states in the Champlain Valley? So you have heard we are one of the best...of two? Whatever you do, KEEP that source of information. :lol:

Yeah, he's kind of a peculiar fellow. A little bit out there. But FWIW, he does like Vermont.

[Penguin_ie 5,986]

*** One post removed for bad language. Make your point in a polite manner please. ****

[Penny Lane 8,159]

Vermont sure is fascinating.

[Mr. Big Dog 10,747]

Irrelevent? Our Senator Leahy is Chairman of the Judiciary committee in the Senate. You want a gun law? ANY gun law? He has to schedule it for a vote.

Irrelevant, yes. That little wooded lot up there that you guys call your state is really not that important in the grand scheme of things. That's just a fact. Now, if you count on Leahy to stop reasonable gun control legislation, you will be disappointed. You must have forgotten that Leahy has been supportive of many gun control measures. You must also have missed your local news...

Vermont Press Bureau

MONTPELIER — As families began laying to rest the children slain in a Connecticut elementary school shooting Friday, Sen. Patrick Leahy said he’ll use his Judiciary Committee next year as a platform for a national debate over gun control.

The Democratic chairman of the Senate committee took to the floor Monday afternoon to announce a hearing “early in the next congressional session to help in the search for understanding and answers.”

“As the president has pointed out, it is unlikely that any single step, or package of steps, can erase the chance of such a tragedy happening again... But we must take on the responsibility of searching for answers,” Leahy said. “If there are practical, sensible, workable answers to prevent such unspeakable tragedy, we should make the effort to find them.”

Leahy stopped well short of proposing specific gun control measures. But he is among the chorus of lawmakers — all three members of Vermont’s delegation among them — calling for intensified focus on the issue of restricting access to firearms.

[Dakine10 5,452]

Vermont sure is fascinating.

It really is a magical land. At one time they had a law there making it illegal to tie a giraffe to a telephone pole.

And not only have they pre-empted local gun laws. The state has also made it illegal for municipalities to pass laws that would ban hanging clothes on a clothes line.

I tell you, nobody puts one over on Vermont. They've thought of everything.

Edited January 14, 2013 by Dakine10

[Dakine10 5,452]

It's against the law to paint sparrows in Vermont for the purpose of selling them as parakeets. Makes me wonder. Honest folk shouldn't need a law like that.

It's also illegal to whistle underwater. I'd like to see the Burlington city council try to get around that one.

[Gary and Alla 3,694]

Pathetic babbling

Please...carry on!