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Senate amends Burlington charter change banning firearms in bars; roll-call 17–12

3112688 · April 24, 2025
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Summary

After lengthy debate, the Senate amended and ordered for third reading a charter change from the City of Burlington that would prohibit knowingly possessing firearms in establishments licensed to serve alcohol, with enumerated exemptions and penalties; the floor recorded a roll-call amendment vote of 17–12.

The Vermont Senate on April 24 amended a Burlington charter change that would prohibit the knowing possession of firearms in establishments licensed to serve alcohol and ordered the measure for third reading after a roll-call vote on the committee-recommended amendment.

Senator Bechovsky, the reporter from the Committee on Government Operations, framed the measure as a voter-approved charter change from the City of Burlington and described committee drafting to narrow the language so it fits within constitutional precedent. Bechovsky said, “guns and alcohol do not mix,” and cited the U.S. Supreme Court’s 2022 Bruen decision and a Second Circuit opinion in Anthony Harris v. James (October 2024) as relevant to the constitutional analysis.

What the charter amendment does The committee amendment endorsed by the Senate narrows the prohibition to establishments that hold first-, third- or fourth-class liquor licenses and similar permits where the primary purpose is serving alcohol. The amended language:

- prohibits the knowing possession of firearms in an establishment licensed to serve alcohol; - enumerates exceptions, including federal, state and local law-enforcement officers acting in their official duties, members of the armed forces acting in military duties, government officers authorized to carry weapons in their duties, and a license holder for the premises (so long as state or federal law does not otherwise bar possession); - clarifies that sidewalks and streets passing through a licensed patio are not included in the prohibition; - exempts certain retail outlets, temporary tasting licenses, limited-event premises and sampling-event permits (for example, a brewer’s tent at a festival where alcohol is not the primary purpose); and - removes civil forfeiture of firearms as a penalty; the amended bill retains a criminal penalty (fine up to $1,000 and/or imprisonment up to 90 days) and a civil-ordinance penalty (fine between $200 and $500).

Committee work and testimony The committee reported a 3–0 vote in favor of the amendment and told the Senate it had heard from legislative counsel, Burlington’s mayor and city attorney, the interim Burlington police chief, advocates on both sides (including the Giffords Law Center and the Vermont Federation of Sportsmen’s Clubs), and affected business owners.

Floor debate and vote Opponents on the floor argued the measure conflicts with Vermont’s preemption statute and Dillon’s Rule, and raised enforcement and signage concerns for visitors and travelers. Supporters stressed local control and public-safety concerns in Burlington’s downtown, citing recent incidents of gun violence and public testimony from Burlington residents and law enforcement.

The Senate amended the charter change as recommended by the government operations committee by roll call: 17 yeas, 12 nays. The body then ordered the bill for third reading.