By Guy Page

A bill allowing the City of Burlington to ban the possession of guns in bars and liquor-serving restaurants will get a hearing April 3 in the Senate Government Operations Committee. 

S.131, sponsored by Senate Pro Tem Phil Baruth (D-Burlington), would approve an amendment to the charter of the City of Burlington “to prohibit the possession of firearms in any building or on any real property or parking area under the ownership or control of an establishment licensed to serve alcohol for on premises consumption.”

The proposed ordinance change was approved by the City Council and voters. Baruth is the sole sponsor of the bill. 

A document circulated by the Vermont Federation of Sportsmen’s Clubs states the bill is unconstitutional, based on the Second Amendment of the U.S. Constitution. The VFSC document asserts: “The Second Amendment was not written to guarantee a citizen’s right to self-defense, which pre-existed the Bill of Rights. Rather the Second Amendment “was written specifically for situations like this: It was written to ban the government from mucking with a citizen’s right to self-defense.”

VFSC also cites the 1903 Vermont Supreme Court decision of State V. Rosenthal, ruling on a Rutland ordinance banning the carrying of weapons without a permit signed by the police chief. The VSC struck down the ordinance as “repugnant to the Constitution and the laws of the state.”

The 2008 SCOTUS Heller decision outlaws bans on carrying, even in personal homes, because any law to the contrary would prohibit self-defense. Two other subsequent U.S. Supreme Court decisions also have upheld the right to carry firearms. 

VFSC also points out a double standard regarding carrying firearms in bars and drinking alcohol in bars. Drinking is permitted despite the risk of drunk driving, and drinkers are urged to have designated drivers. However, the bill assumes the gun carrying patron will become an impaired safety risk. 

The five senators of Government Operations are:

• Brian Collamore, Chair. Bcollamore@leg.state.vt.us. 
• Tanya Vyhovsky, Vice Chair. Tvyhovsky@leg.state.vt.us. 
• Rebecca “Becca” White. Rwhite@leg.state.vt.us. 
• Alison Clarkson. AClarkson@leg.state.vt.us. 
• Larry Hart, Clerk. LHart@leg.state.vt.us.