H.133 – AN ACT RELATING TO EMERGENCY RELIEF FROM ABUSE ORDERS AND RELINQUISHMENT OF FIREARMS
in the State House of Representatives
on March 12, 2021, by a vote of
Purpose: To outline measures that can be legally taken to protect an alleged victim of abuse, “Upon a finding that there is an immediate danger of further abuse.” The most controversial part of the bill is section (E), which would require the accused “to immediately relinquish, until the expiration of the order, all firearms that are in the defendant’s possession, ownership, or control, and to refrain from acquiring or possessing any firearms while the order is in effect.”
Analysis: Those voting YES believe this is a reasonable protection for victims of domestic abuse.
Those voting NO believe this is a violation of the Second Amendment the US and Article 16 of the Vermont Constitutions, by taking away rights to bear arms without due process of law, noting that the subject of the order is not required to be informed of the hearing and the order can be granted without the defendant having an opportunity to be present, present evidence or have any representation.
As Recorded in the House Journal, Friday, March 12, 2021: “Shall the bill pass? Rep. Morrissey of Bennington demanded the Yeas and Nays, which demand was sustained by the Constitutional number. The Clerk proceeded to call the roll and the question, Shall the bill pass? was decided in the affirmative. Yeas, 102. Nays, 44." (Read the Journal, p. 2 -4). Watch the floor debate on YouTube.
How They Voted
(Click on your Rep’s name to send an email)
Sally Achey (R - Middletown Springs) – NO
William Lippert (D – Hinesburg) – YES
Curtis McCormack (D – Burlington) – YES
Kirk White (P/D - Bethel) – YES
Rebecca White (D – Hartford) – YES
Dane Whitman (D - Bennington) – YES
Terri Lynn Williams (R - Granby) – YES
Theresa Wood (D – Waterbury) – YES
David Yacovone (D – Morristown) – YES
Michael Yantachka (D – Charlotte) – YES
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The people that voted yes should be ashamed for stripping a person from Due Process.Remember these people at the polls next election!