Vermont Statutes Title 20 Sec. 2305
Terms Used In Vermont Statutes Title 20 Sec. 2305
- Abandoned firearms: means firearms in the possession of the Department of Public Safety that are no longer needed as evidence and remain unclaimed for more than 18 months from the date the firearms come into the Department's possession. See
- Agency: means any State or local law enforcement agency, any State agency except the Vermont Department of Fish and Wildlife, and any local government entity. See
- Commissioner: means the Commissioner of Public Safety. See
- Department: means the Department of Public Safety. See
- Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
- Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
- State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
- Unlawful firearms: means firearms the possession of which constitutes a violation of federal or State law and firearms carried or used in violation of any federal or State law or in the commission of any federal or State felony. See
- Unlawful per se: means firearms the possession of which is unlawful under any circumstances under State or federal law. See
§ 2305. Disposition of unlawful firearms
(a) Any firearm the possession of which is unlawful per se shall either be destroyed, or if the Commissioner of Public Safety deems it appropriate, retained by the Department of Public Safety for purposes of forensic science reference. In no event shall the Commissioner of Public Safety dispose of such a firearm in any other manner or to any other person.
(b)(1) Except as provided in section 2306 of this title, all unlawful and abandoned firearms shall either be:
(A) delivered to the Commissioner of Buildings and General Services as directed by him or her for sale to a federally licensed firearms dealer pursuant to the Commissioner’s authority under Title 29;
(B) at the discretion of the Commissioner of Buildings and General Services, transferred to the Commissioner of Fish and Wildlife for disposition; or
(C) if the Commissioner of Public Safety deems it appropriate, retained by the Department of Public Safety for purposes of forensic science reference.
(2) Notwithstanding subdivision (1) of this subsection, an unlawful firearm used in the commission of a homicide shall not be delivered to the Commissioner of Buildings and General Services, but shall be disposed of only in accordance with:
(A) the provisions of subsection (a) of this section in the same manner as unlawful per se firearms; or
(B) section 2306 of this title.
(c) When the firearms sold under this section have been delivered by a local law enforcement agency, the Commissioner of Buildings and General Services shall return two-thirds of the net proceeds from the sale to the appropriate municipality. The remaining proceeds shall be allocated pursuant to the authority of the Commissioner of Buildings and General Services under 29 V.S.A. § 1557. Proceeds allocated to a municipality under this subsection shall, to the extent needed by the municipality, be used to offset the costs of storing nonevidentiary firearms.
(d) No State agency or department or State official shall be subject to any civil, criminal, administrative, or regulatory liability for any act taken or omission made in reliance on the provisions of this chapter. (Added 1983, No. 132 (Adj. Sess.), § 1; amended 1995, No. 78 (Adj. Sess.), § 16; 2001, No. 80 (Adj. Sess.), § 2; 2017, No. 94 (Adj. Sess.), § 3, eff. April 11, 2018.)