Bill would let police seize guns in domestic violence cases

The House Judiciary Committee is considering a measure that would have police temporarily remove firearms from the possession of people accused of domestic violence.

The proposal, H.422, would allow law enforcement to remove a weapon from the scene and hold it for up to five days when a suspect is cited or arrested on suspicion of domestic assault.

Supporters say the legislation could save victims of domestic violence from serious injury or death, arguing that data suggests victims are at greater risk in the period immediately after police involvement in a case.

Others say the bill goes too far in allowing police to take personal property and could limit victims’ access to firearms for self-defense.

Assistant Attorney General John Treadwell told the committee Tuesday that his office believes the legislation would be “constitutionally defensible.”

“My understanding is that there is clear evidence to suggest that a time of particularly great danger to victims of domestic violence is the period immediately after law enforcement becomes involved in a particular circumstance,” Treadwell said.

Treadwell said that if enacted, the measure could face challenges in court. Law enforcement would be temporarily taking possession of a person’s property, he said, adding that firearms are subject to a heightened expectation of protection.

However, he believes there is a compelling public safety interest that would support the bill if it were challenged in court.

The proposal stirred up robust opposition from gun rights groups.

The president of the Vermont Federation of Sportsmen’s Clubs, Chris Bradley, said the group condemns domestic violence but feels the bill “is not the answer.”

“I disagree that firearms are only used to perpetrate crime,” he told the committee.

Bradley and other opponents argued that removing firearms from the scene of alleged domestic violence could work against victims, who may use the weapons for self-defense.

“The best balance of a 115-pound woman against a 250-pound man who has violent intent, whether we choose to like that or not, is perhaps a firearm. That is the right of self-defense, particularly on the part of the victim,” he said.

Under the bill, police responding to the situation would be able to remove a gun from the scene for up to five days.

The committee also heard from members of the Gun Owners of Vermont, including the group’s president, Ed Cutler.

“Basically, the possession of a firearm is not a bad thing. It has a chilling effect,” Cutler said, arguing that guns can prevent situations from escalating to violence.

Supporters of the bill disputed the groups’ arguments about how effective guns are in self-defense in domestic violence situations.

Rep. Chip Conquest, D-Wells River, said that although he is a gun owner himself, he did not share the concerns the groups raised.

“I think of myself as a defender of the Second Amendment. I truly believe in that individual right,” Conquest said. “But this isn’t, to me, isn’t about guns per se. It’s about protecting people at a time when we know they’re particularly vulnerable from a weapon that we know is often used.”

Rep. Maxine Grad, D-Moretown, who chairs the committee, is a co-sponsor of the legislation.

Grad said she believes the measure is “necessary to provide protection to victims of domestic violence during that very volatile time.”

Responding to concerns raised by opponents of the bill that the legislation would restrict access to firearms for self-defense, Grad said that victims’ advocates had not raised that as an issue.

She expects the panel will vote on the bill later this week.

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