This commentary is by Paul Manganiello, M.D., of Norwich, emeritus professor of obstetrics and gynecology at Geisel School of Medicine at Dartmouth, co-medical director of the Good Neighbor Health Clinic in White River Junction and board president of the GunSenseVT Educational Fund.
It was very disheartening to learn that Gov. Phil Scott had vetoed S.30, a bill that would ban guns from hospitals, other public buildings and offer more protections for individuals who are victims of domestic violence.
The bill would also strengthen Vermont state statutes regarding background checks prior to purchasing firearms. Currently, under federal law, if a background check isn’t completed within 30 days, the process must start anew. In Vermont, if a background check is not completed in three days, the firearm ownership would be allowed to be transferred to the buyer.
Gov. Scott related that he would be more “comfortable” with a seven-day hold. What is the most effective waiting time to prevent the transfer of a firearm to an individual who would be a danger either to themselves or to another— three, seven, 15 or 30 days? What is the right number?
Rep. William Notte, a sponsor of S.30 in the House, related that in Vermont during the past two years, 28 firearm sales were allowed to proceed after three days, despite not being cleared during the federal background check process. It is known that 97% of background checks are completed within three days, but of those that take longer, those requests are four times more likely to be denied.
During that two-year period, 28 gun sales were later denied when the background check was finally completed. The police have yet to recover nine illicit firearms. How long did it take to properly screen those 28 firearms? That should be the number the governor should be looking for.
Opponents of S.30 are quick to argue that there are already laws on the “books” that should be enforced, rather than “create” more laws. Opponents say that laws are ineffective in addressing firearm violence, that law-abiding citizens are being punished while criminals will “get around” these laws.
It is true 28 individuals were able to “get around” our current state legislation. With such reasoning, should we have any laws? They are just going to be ignored by the criminals?
Unfortunately, federal agents need to enforce federal laws, and federal prosecutors need to prosecute those who break federal laws in federal courts. The reality is that the federal government is underresourced to prosecute individuals who don’t follow federal firearm safety legislation.
The Legislature needs to make sure that state and federal laws are consistent with each other and are unambiguous. The state and the federal government need to work together cooperatively to assure public safety. The governor has to do a better job explaining why he finds 30 days unacceptable.
Opponents of S. 30 suggest that it would deny Vermonters their 2ndAmendment Constitutional rights. That is not true, since almost all firearm sales are ultimately completed within 30 days.
From a public safety standpoint, there shouldn’t be a need for an individual to rush to purchase a firearm. Although not legally binding, purchasing a firearm should never be made in haste; a person should be properly instructed, and even better be able to demonstrate, how to safely handle the firearm they will purchase. Not doing so not only puts the potential owner at risk but others in the community.
Please contact your legislator asking them to override the governor’s veto. Thank you.
