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H 200

An act relating to persons prohibited from possessing firearms

2025-2026 Regular Session Introduced by Martin LaLonde

The bill broadens and tightens who may not possess firearms by aligning Vermont bans with federal rules, including mental-health determinations, protective orders, fugitives, and c

Read first time and referred to the Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 200

Overview

H.200 (Session 2025-2026; Vermont) is an introduced act titled: “An act relating to persons prohibited from possessing firearms.” The bill aims to align Vermont law with federal prohibitions by expanding and clarifying who may not possess firearms, particularly focusing on individuals found by a court to be a danger to themselves or others due to mental illness, and by tightening penalties for violations. It also broadens prohibitions related to various categories of individuals and situations where firearm possession is restricted.

Main purpose and intent

  • Make Vermont law consistent with federal firearms restrictions by prohibiting firearm possession for individuals found by a court to be a danger to themselves or others due to mental illness.
  • Increase penalties for second or subsequent offenses of firearms possession by prohibited persons.
  • Extend and clarify prohibitions related to fugitives, protective orders, certain pending charges, and persons undergoing or subject to treatment orders.

Key provisions and changes

Section 1: § 4017 – Persons Prohibited from Possessing Firearms; Conviction of Violent Crime

  • Prohibits firearm possession if the person has been convicted of a violent crime.
  • Penalties:
    • First offense: up to 2 years’ imprisonment, or up to $1,000 fine, or both.
    • Second or subsequent offense: up to 3 years’ imprisonment, or up to $5,000 fine, or both.
  • Exemption: Applies to individuals exempt from federal firearms restrictions under 18 U.S.C. § 925(c).
  • Definitions:
    • Firearm: broad definition including weapons designed to expel a projectile, frames/receivers, and silencers; excludes antique firearms.
    • Antique firearm: defined with conditions for replicas and muzzle-loading weapons.
    • Violent crime: defined through a list of offenses (with certain exclusions) and includes comparable offenses in other jurisdictions for federal-equivalency purposes. Also includes offenses involving sexual exploitation of children and certain drug offenses that carry firearm prohibitions under federal law.

Section 2: § 4017a – Prohibition Related to Fugitives, Protective/Restraint Orders, Pending Charges, and Mental Health Orders

  • Prohibits firearm possession for:
    • Fugitives from justice.
    • Subjects of final relief from abuse orders or stalking orders prohibiting firearm possession.
    • Persons with charges pending for:
    • Carrying a dangerous weapon during a felony,
    • Trafficking a regulated drug,
    • Human trafficking or aggravated human trafficking.
    • Persons found by a court to be in need of treatment for mental health reasons (or subject to hospitalization/nonhospitalization orders), unless relief from firearms disability is granted by the Family Division under § 4825.
  • Penalties:
    • First offense: up to 2 years’ imprisonment, or up to $1,000 fine, or both.
    • Second or subsequent offense: up to 3 years’ imprisonment, or up to $5,000 fine, or both.
  • Definitions:
    • Firearm: same as § 4017.
    • Fugitive from justice: fleeing to avoid prosecution or testimony.

Section 3: Effective Date

  • The act takes effect on passage.

Who is affected

  • Individuals convicted of violent crimes.
  • Individuals subject to relief from abuse orders, stalking orders, or similar protective orders that prohibit firearm possession.
  • Individuals with charges pending for violent or drug-related offenses listed in the bill.
  • Individuals found by a court to be in need of mental health treatment or subject to certain hospitalization orders.
  • Individuals who are federal firearm ineligible (to the extent federal exemptions apply, via § 925(c)).
  • Caution: applies across both misdemeanor and felony contexts, with escalating penalties for repeat violations.

Procedural and timeline aspects

  • Status: Introduced (H.200), read first time, and referred to the House Judiciary Committee on February 12, 2025.
  • Effective date: Immediate upon passage (as stated).

Potential impact

  • Strengthens state-level firearm prohibitions to align with federal restrictions for certain mental health determinations and criminal histories.
  • Increases penalties for repeat violators, potentially affecting sentencing and deterrence.
  • Clarifies scope of prohibited possessors, including those under protective orders, fugitives, and individuals with pending charges for specified offenses.
  • Could lead to changes in how temporary/pending cases and treatment orders are managed in relation to firearm possession.
  • Implementation would require court determinations of mental health-related prohibitions and coordination with protective order regimes.

Compiled from official sources — confirm details with the bill’s official record.

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