On Monday, May 22nd 2006 Governor James Douglas signed H.447, the range protection passed by the legislature.
The signing ceremony took place before a full house at the Barre Fish & Game Club.
Present for the signing were legislators, the media and representatives of the NRA-ILA, National Shooting Sports Foundation and the Vermont Federation of Sportsmen’s Clubs, and the shooting and hunting communities from all over Vermont were present.
Earlier in the month the Vermont House passed H.447, voting to concur with the Senate amended, and improved bill. The House roll call vote was 126-7-16. That was 126 yeas, 7 nays and 16 absent or not voting.
The Senate had already passed the bill in which a Senate amendment greatly improved. The Senate vote was 28-0-2. A unanimous roll call vote, with the two absent senators not being in Montpelier. The bill was passed in the last days of the 2005-2006 Legislative Session.
The final version H.447, with the House roll call vote, is available at the Vermont Federation of Sportsmen’s Clubs web site
H.447 Defined
H.447 provides Vermont's existing "sport shooting ranges" with greatly improved protection against nuisance noise lawsuits, establishing additional barriers to lawsuits. Ranges around the state were being hit with noise lawsuits and H.447 puts in place very high legal standards for any party seeking to file and/or win such a lawsuit.
The bill also reined in the virtually unlimited capability of municipalities to enact firearm discharge ordinances which could reduce, prohibit or limit discharge to the point of closing or severely limiting use of a range.
The bill also amended 24 V.S.A. Section 2291 (8) so any municipal regulation of firearm discharge must comply with the state preemption statute, 24 V.S.A. Section 2295. This is a very important legal improvement in for your right to use firearms in Vermont.
The passing of H.447 is a major victory for Vermont’s shooters and hunters. But, while we should appreciate this triumph, it is important to understand ranges are going to continue to attract
H.447 Gets Passed
The campaign to get H.447 passed was long, and at times, very difficult and it started before the bill was first introduced in March, 2005. It took planning, patience and work.
The original bill had to be carefully crafted. The language had to be strong, yet not so extreme it made the bill outrageous to where it was not possible to get the number of House sponsors needed for the bill to be taken seriously.
The original bill had just enough sponsors, so it could barely pass the House if only those original sponsors voted for it.
But, it is not hard to kill a bill during the legislative process, even a bill with a large number of sponsors. The legislative process can be very complicated and full of twists and turns for a bill being opposed by powerful opponents.
It was obvious the bill would not pass both the House and Senate in its original form. No serious and/or complex bill ever gets through the legislative process without being amended. This is why getting a bill through the legislative process requires experience and the capability to get support and the necessary votes.
The Vermont Federation of Sportsmen’s Clubs, National Rifle Association – Institute for Legislative Action and National Shooting Sports Foundation agreed to provide the effort and resources to assist legislators in getting H.447 passed this year.
The bill met strong opposition by some landowners near ranges, particularly those already engaged in legal actions against the ranges. Also, the Vermont League of Cities & Towns opposed the aspects of the bill impacting upon municipal powers.
Testimony by the officers of clubs and ranges from all over the state related that sport shooting ranges played essential role the ranges serve in providing safe facilities for conducting hunter safety training courses, maintaining and expanding firearm proficiency, and checking presently owned and newly purchased firearms, ammunition and equipment. The shooting and hunting community leaders repeatedly asserted Vermont’s ranges promote firearm safety.
The range and club representatives also related how the ranges were in danger of being driven out of existence by nuisance noise lawsuits and municipal ordinances.
Vermont Department of Fish & Wildlife personnel testified as to the critical role the ranges performed in the Hunter Safety Courses conducted.
Local, county and state law enforcement personnel provided testimony that ranges were necessary for their training and qualification requirements. They related there is a constantly increasing expansion on law enforcement trainings and the ranges were evermore important to their ability to carry out their public safety duties.
The Vermont Police Association also supported H.447.
The legislators recognized a clearly compelling problem and the overpowering strength of the Senate and House vote counts shows the support the legislature have for Vermont’s sport shooting ranges.
Representatives Mary Morrissey and Joe Krawczyk of Bennington, House Fish & Wildlife Chairman Steve Adams, and Senator Matt Dunne, John Campbell, Vince Illuzzi, Judiciary Chairman Dick Sears and Senate President Peter Welch provided vital leadership for H.447 passed into law.
