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Phil Scott allows gun control bill to go into law without his signature - VTDigger

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“(K)nowing that my constitutional concerns will be addressed through the legal process, I will allow H.230 to become law without my signature, and await the judicial branch to decide the fate of waiting periods,” the Republican governor said Thursday. Photo by Somchai Kongkamsri via Pexels

Republican Gov. Phil Scott on Thursday allowed H.230, a three-pronged gun control bill, to become law without his signature despite concerns over the constitutionality of one of the bill’s provisions.

Promised by its stalwarts as a way to curb suicides by firearms — the most common form of suicide in the state — H.230 will implement safe storage rules, broaden existing red flag laws and institute 72-hour waiting periods for gun purchases.

It was the last provision that most concerned Scott and gun advocates. While he stayed mum on how he would act on H.230, Scott for weeks told reporters he doubted that such a waiting period is constitutional.

The constitutionality of gun control measures — both past and present — is even more uncertain after the U.S. Supreme Court’s decision last year in New York State Rifle and Pistol Association, Inc. v. Bruen. The precedent-setting case established a new legal test requiring that, “to justify a firearm regulation, the government must demonstrate that the regulation is consistent with the Nation’s historical tradition of firearm regulation.”

Scott hearkened to “the relatively new legal landscape we find ourselves in,” saying in a statement Thursday afternoon, “My struggle with the overall bill lies in the fact that I, and all legislators, took an oath to ‘not do any act or thing injurious to the Constitution.’

“However, this matter is currently being taken up through constitutional legal tests across the country and will be decided in Federal Court. I would also not be surprised to see a Vermont entity challenge the constitutionality of this provision of the bill, as well,” Scott continued. “With this in mind, knowing that my constitutional concerns will be addressed through the legal process, I will allow H.230 to become law without my signature, and await the judicial branch to decide the fate of waiting periods.”

Though he has said numerous times that he doesn’t believe Vermont needs to institute new gun control provisions since he signed a substantial firearms package into law in 2018, Scott did not take issue with the safe storage and red flag law provisions in H.230.

In fact, on Thursday afternoon, he praised them. Of the safe storage measures, he said they create “a more palatable and effective approach to ensure guns are not readily accessible to those who shouldn’t have them.” 

And on the expanded red flag rules, Scott said, “I believe the expansion of who can petition the court for an extreme risk protection order will prove to be helpful in keeping guns out of the hands of those who are at risk of doing harm to themselves or others.”

This story will be updated.

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