Burlington Vermont gun ban passed city council NDR

C

Cheech Kehoe

Active member
Our City council passed a charter change that will ban assault weapons and extended clips tonight. While Vermont state law specifically prevents municipalities from doing so. It will go to the Charter change committee then to the state legislature and a city vote. Both the legislature and the voters would have to approve this for it to become law. I wish I could say that I am surprised, but I am not. I wanted to share this with Below is the Proposal.


Councilors Blais,
Shannon, Aubin, Bushor

CHARTER CHANGE TO PROHIBIT SEMI-AUTOMATIC
ASSAULT WEAPONS AND MULTIPLE-AMMO CLIPS


In the year Two Thousand Thirteen………………………………………………………………………
Resolved by the City Council of the City of Burlington, as follows:

That WHEREAS, the Burlington City Council respects the rights of citizens, as guaranteed by the Second Amendment of the United States Constitution, to bear arms; and
WHEREAS, the Council recognizes that the right to bear arms, like all constitutional rights, is subject to reasonable regulation to promote the common good and to protect the members of the community; and
WHEREAS, the Council is aware that, under the current state of the federal and Vermont laws, a person (who is not a convicted felon) could be seen by a Burlington Police Officer walking with a semi- automatic assault weapon and carrying multiple-ammo clips towards one of our public schools, and until that person was actually on school property, that person’s actions would be totally legal and beyond the capacity of the police to intervene; and
WHEREAS, the Council is further aware that, under the current state of the federal and Vermont laws, a person (who is not a convicted felon) carrying a semi-automatic assault weapon with a multiple-ammo clip could be walking down the middle of Church Street, and that person’s actions would be totally legal and beyond the capacity of the police to intervene; and
WHEREAS, the Council is painfully aware of the multitude of incidents in the recent past during which innocent bystanders, attendees at movie theaters, gatherers at political events, school children, and others have been fatally killed by individuals wielding and firing semi-automatic weapons; and
WHEREAS, the possession of semi-automatic weapons and multiple-ammo clips does not further any legitimate interests of hunters or other sportspersons, nor does the possession of those weapons provide any significant protection to the lives of individuals or promote their safety; and
WHEREAS, the failure of officials on the federal and state level to address this issue should not serve to detract from the efforts of the officials of the City of Burlington to strike the proper balance between the Second Amendment right to bear arms and the right of all citizens to be safe and secure in their homes, schools, and public areas; and

2

CHARTER CHANGE TO PROHIBIT SEMI-AUTOMATIC
ASSAULT WEAPONS AND MULTIPLE-AMMO CLIPS


WHEREAS, the City Council recognizes that state statue, codified at 24 V.S.A. 2291(8), prohibits a municipality from adopting ordinances that would have an impact upon the possession of weapons;
NOW, THEREFORE, BE IT RESOLVED that
1. the Charter Change Committee of the City Council be authorized to draft a charter change that would ban the possession of semi-automatic assault weapons and multiple ammo clips in the City of Burlington, with such ban to be enforced by a substantial fine;
2. the Charter Change Committee be authorized to draft a charter change that would provide for the immediate seizure by the police of any semi-automatic assault weapons and/or multiple ammo clips that are unlawfully possessed, with a civil forfeiture process to follow regarding the ultimate disposition of those weapons or multiple ammo clips.
3. the Charter Change Committee attend to this proposal with all deliberate speed so that any proposed charter change be subject to public comment, voter approval and General Assembly ratification as soon as possible.


lb/eblackwood/c: Resolutions 2013/Charter Change to Prohibit Semi-Automatic Assault Weapons and Multiple-Ammo Clips
12/26/12
 
It is sad indeed that this above action by the Burlington City Council is precisely why we have the 2nd admentment. The sad part is our reps don't even seem to grasp this concept.

That WHEREAS, the Burlington City Council respects the rights of citizens, as guaranteed by the Second Amendment of the United States Constitution, to bear arms;
Click to expand...


Respects the rights??? I don't think so.
 
Cheech,

I'm sorry to hear this. What I read shows NO indication of what your city council deems an Assault weapon actually is other than one using a clip. The way thats worded a person with a Ruger 10/22 could have his squirrel rifle confiscated. As you mentioned I sure hope the state steps in and squashes this. Look at Chicago. For instance you can not legally buy a handgun in Chicago. You can have a handgun if you had it before 1982 but you have to register the gun every year with the police. I think I read homicides were up 38% last year. Granted not all murders are with a gun but a large majority are committed with guns. Seems to me that if you can't buy a gun legally in Chicago and the homicide rate keeps going up.....hmmm, well it's not rocket surgery.
 
Very sad indeed. Here is my favorite part...."WHEREAS, the possession of semi-automatic weapons and multiple-ammo clips does not further any legitimate interests of hunters or other sportspersons, nor does the possession of those weapons provide any significant protection to the lives of individuals or promote their safety...." Does not further any legitimate intereests or protection. Huh, what about the millions of folks the own exactly what they want to ban? Is enjoyment no longer a legitimate interest? I'm not a big gun owner as I only have what I use to hunt ducks plus a Ruger 10/22 with a 30 round ammo clip. Do I need it - no? Do I enjoy going to the farm and pulling that trigger as fast as I can shooting at various non animal targets - darn right. Is there something wrong with this? Have I ever contemplated going into a school and shooting a bunch of kids - never in my lifetime.

If we are going to change constitutional rights based upon lives it affects, I can think of a few beter places that kill far more. Why don't we ban religion or free speech? How many people have been killed over the tiniest of disagreement?

So much for the pursuit of happiness.

Mark W
 
Anyone on that Council ever hear of the Fifth Ammendment of the US Constitution? It protects personal property unless it goes through due process. This means they can not seize anyone's arms that are legally owned banned or not.
 
I'm waiting to see what happens tomorrow when our state legislature re-convenes.... I think it will be ugly, very ugly, for the CT gunowners.
 
Sounds like a knee jerk reaction. The federal regs will be just as bad I fear when the Biden "dream team" comes up with their proposal at the end of the month. This next part is backed by no facts or figures, but then I think our society is so tired of made up facts and figures they will just vote for anything.
"WHEREAS, the possession of semi-automatic weapons and multiple-ammo clips does not further any legitimate interests of hunters or other sportspersons, nor does the possession of those weapons provide any significant protection to the lives of individuals or promote their safety; and
WHEREAS, the failure of officials on the federal and state level to address this issue should not serve to detract from the efforts of the officials of the City of Burlington to strike the proper balance between the Second Amendment right to bear arms and the right of all citizens to be safe and secure in their homes, schools, and public areas; "

So glad to see that the government(s) know what's best for all of us.


dc
 
Here's my take on it. This is so broad and poorly written that when the state strikes it down the Burlington village idiots...sorry...city council can come back to the residents and say "Well, we tried" and the board can have a joy joy day!
 
Thanks for all the comments. The night of the City Council meeting was the Notre Dame game. I was upset and disappointed on too many levels that night! Ed, I wish I believed that this was political gamesmanship, but the people who drafted it believe in the legislation. They believe that they know what is best for you and me and more importantly our opinion of what is best for us is irrelevant. It is disheartening to see elected representatives acknowledge that the Charter Change they propose is directly prohibited by state law. I especially liked the comment about illegal seizure. It had not occurred to me.
 
Cheech,
You being there would have chnanged nothing!! The council voted to send it to the voters despite the fact the room was full of ONLY gun supporters. Almost no supporters of the ban were there. Yet the council still passed it. It will lose at the state level. Really a waste of Burlington tax payers time and money.
 
Cheech,
thanks for posting this information - seems that we are a very reactive society. The door opened and the movement is on. New York is pushing for increased regulations as well. And from what I hear regarding Biden he (they) have an agenda and will "listen". These will be interesting times ahead.
 
VOTE, VOTE, VOTE... Next election , tell your council member why he will not be elected. Your gun clubs should hold candidates nite to hear their stance on OUR second amendment. Our local club holds such a meeting. Bloomberg-obama rational.
 
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