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Senate committee debates firearm-theft thresholds and prohibited‑person enhancements in H937/H606 material
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Summary
Lawmakers questioned whether theft-value thresholds and enhanced penalties for prohibited possessors align with policy goals and federal law; the committee discussed making stolen firearms a special category and extending felony enhancements for second or subsequent possession by persons prohibited from owning firearms.
Firearms language folded into the miscellaneous package prompted extended discussion on April 17 about thresholds and penalties for stolen firearms and penalties for prohibited possessors.
Committee members debated whether the statute should treat a stolen firearm of any value differently from other property. During discussion of a provision carried over from H606, one legislator asked whether a stolen firearm should be considered a felony regardless of dollar value; others warned that raising felony exposure for a wide range of conduct requires careful calibration.
Members also discussed the existing $900 felony threshold for thefts and called it arbitrary. "I just I couldn't remember which sections of the bill were simply aligning Vermont law with federal law and which ones were not," one member said while questioning whether the $900 cutoff still made sense. Another member pressed on the likely resale value of commonly stolen pistols and whether most thefts would meet the felony threshold.
The bill would also enhance penalties in a separate provision that raises the penalty for a second or subsequent possession of a firearm by a person already prohibited from possessing firearms (for example, after a violent‑crime conviction). Counsel explained that the enhancement is designed to respond to repeated possession by someone already barred from firearms, though members raised concerns that certain historical convictions or nonviolent offenses could trigger long‑term collateral consequences.
Lawmakers also noted a misalignment with federal law: committee discussion included the observation that under federal law some firearm possession offenses are felonies on first offense, while the state provision would make some parallel conduct a misdemeanor for a first state offense and a felony only on subsequent violations.
Committee members asked counsel to bring harmonized language and to consult with stakeholders (including law enforcement and public‑safety groups) and the Office of the Attorney General before finalizing penalty thresholds or categorical changes.
