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Bill

H 381

An act relating to prohibiting the manufacture and transfer of gas-operated semiautomatic firearms

2025-2026 Regular Session Introduced by Angela Arsenault and 2 co-sponsors

Prohibits manufacture, transfer, sale, purchase, or import of gas-operated semiautomatic firearms and related parts, per a yearly AG list with exemptions.

Read first time and referred to the Committee on Judiciary
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WeVote Research Nonpartisan
Bill Summary · H 381

Overview

  • Bill: H.381 (2025-2026 Session, Vermont)
  • Purpose: Prohibit the manufacture, transfer, sale, purchase, receipt, or import of gas-operated semiautomatic firearms, including certain modified firearms and parts that enable such operation.
  • Sponsor/Committee: Introduced by Reps. Arsenault, Rachelson, and Mrowicki; referred to the House Judiciary Committee.
  • Effective date: October 1, 2025.

Main purpose and intent

  • The bill aims to reduce access to gas-operated semiautomatic firearms in Vermont by creating a statutory prohibition on manufacturing, transferring, selling, purchasing, receiving, or importing these firearms and related devices or parts.
  • It also provides a process for listing, challenging, and notifying regarding which specific firearms are deemed prohibited.

Key provisions and changes

  1. Prohibited conduct (13 V.S.A. § 4028)

    • It is unlawful to:
      • Manufacture, transfer, offer for sale, purchase, receive, or import into Vermont any firearm on the Attorney General’s prohibited list of gas-operated semiautomatic firearms.
      • Modify a nonprohibited firearm so that, as modified, it becomes a prohibited gas-operated semiautomatic firearm.
      • Use or assemble parts to modify or create a firearm that operates as a prohibited gas-operated semiautomatic firearm.
      • Use parts to assemble a firearm that operates as a prohibited gas-operated semiautomatic firearm.
      • Use parts that produce a gas-operated semiautomatic cycling action.
    • Import is defined to exclude returning a firearm to the same owner who transported it out-of-state prior to the effective date, so long as the owner possessed it before the act’s effective date.

  2. Penalties

    • Violations are punishable by up to 1 year imprisonment, a fine of up to $1,000, or both.

  3. Exemptions and exceptions

    • Dealer exemption: The ban does not apply to a gas-operated semiautomatic firearm lawfully possessed by a licensed dealer prior to the act’s effective date if transferred by the dealer by October 1, 2025.
    • Federal and certain government exemptions: firearms transferred or possessed by federal or Vermont state agencies, federal law enforcement, state or federal military personnel, nuclear material security personnel, or certain nuclear licensees/contractors, are exempt for specified purposes.
    • Immediate family member transfer: Transfers between immediate family members are exempt.

  4. Listing and review process (subsection (e))

    • By October 1, 2025, the Attorney General (in consultation with the Commissioner of Public Safety) must publish on its website a list of gas-operated semiautomatic firearms that meet the definition and publish updates annually by October 1 each year.
    • Owners or manufacturers may appeal a firearm’s inclusion on the list within 60 days after publication to the Superior Court (Civil Division) under Rule 75.
    • Public safety duties: The Department of Public Safety must provide federal firearms dealers with a copy of the list.

  5. Definitions (Section 1, subsection (f))

    • “Cycle the action,” “Gas-operated,” “Immediate family member,” “Machine gun,” and “Semiautomatic firearm” are defined with technical detail.
    • The statute explicates gas-operated cycling mechanisms (long/short stroke pistons, gas impingement, hybrid systems, blowback) and distinguishes semiautomatic firearms from machine guns.

Who is affected

  • General public: Prohibits manufacture, transfer, sale, purchase, receipt, or import of listed gas-operated semiautomatic firearms and related parts.
  • Gun owners and potential buyers: Subject to the prohibition and potential penalties; may be impacted by the list and its updates.
  • Licensed firearms dealers: Required to obtain and distribute the AG’s list to comply with the prohibition.
  • Law enforcement and military exemptions: Certain transfers and possession are exempt for law enforcement, federal/state agencies, military, nuclear security contexts, and immediate family transfers.
  • Courts: Civil remedy pathway via appeal to the Superior Court for items added to the AG’s list.

Procedural and timeline aspects

  • Effective date: October 1, 2025.
  • Initial list publication: On or before October 1, 2025.
  • Annual updates: List updated by October 1 each year thereafter.
  • Appeals window: 60 days after listing publication to challenge inclusion.
  • Dealer compliance: Dealers must be provided with the list; and one-time transitional provision for dealers regarding pre-existing stock until October 1, 2025.

Potential impact considerations

  • Scope depends on the Attorney General’s list of prohibited gas-operated semiautomatic firearms and how broadly “gas-operated” is defined.
  • The bill includes transition provisions and exemptions to accommodate certain transfers and federal/state operations.
  • Penalties are relatively modest (up to 1 year and/or $1,000), suggesting a regulatory approach with enforcement focus on compliance and listing rather than severe criminal penalties.
  • Public safety and law enforcement exemptions reflect a balance between regulation and operational needs.

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

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