The Vermont House gave final approval Thursday to S.30, a bill that would tighten firearm background checks and ban guns from hospitals. Following the 91-53 vote, the bill next heads to the desk of Gov. Phil Scott, who has not said whether he will sign or veto it.
Lawmakers have been seeking to close the “Charleston Loophole,” which allows gun sales to proceed if a background check is not completed within three days.
The House previously approved a version of the bill that would have extended that period to 30 days. The Senate then sought to clarify what it viewed as ambiguous language, requiring that if a background check was not completed within 30 days, the process would start anew.
Speaking on the House floor Thursday, Rep. Patrick Brennan, R-Colchester, expressed concern that the provision might create a never-ending background check process.
“This could create an endless loop,” he said.
Some of Brennan’s Republican colleagues concurred.
“I was willing to support S.30 when it was just the 30 days, but this seems like infinity,” said Rep. Scott Beck, R-St. Johnsbury.
Rep. William Notte, D-Rutland City, who has led the effort to close the loophole, said 97% of background checks are completed within three days, and nearly all are completed within 30.
“We are talking about a percentage of a percentage of a percentage,” he said. “We are talking about a very, very small amount bordering on a hypothetical.”
Whether Scott will sign S.30 remains to be seen. He has declined to weigh in on the bill directly, though he has said that he does not believe Vermont needs additional gun laws.
“That’s certainly something that is on my mind,” Notte said, referring to a potential gubernatorial veto. “It was exciting to see that we were within just a couple of votes of being able to override any potential veto.”
It’s not clear, however, that the Legislature could summon enough votes — two-thirds of each chamber — to override a veto.
The Senate cleared that hurdle last week with a vote of 21-9 in favor of the bill. An earlier House vote of 97-49 suggested that supporters were within reach of a veto-proof majority. But Thursday’s 91-53 vote indicated otherwise.
“I would be extraordinarily delighted if the governor didn’t veto it,” Notte said. “But if he does, then it’s up to those of us who feel very strongly about this bill to try and convince enough of our colleagues that an override is the right thing to do.”
