A law without the Governor’s signature

2023-06-15

Dear friend,

Party people, we have a celebration on our hands...

My friend, Judy, in Bennington, turns 90 today!

Happy Birthday, Judy! I hope you have ninety joyous moments today! And welcome to Judy’s friend Sue, our newest reader.

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Your Vermont House of Representatives passed the final version of H.230, An act relating to implementing mechanisms to reduce suicide and community violence, on May 5 on a on a 106–34 vote. (See also ​Yes on H.230 - suicide prevention.)

After the Vermont House and Senate pass a bill, the Clerk of the House and the Secretary of the Senate have clerical work to do to deliver the bill to the Governor’s desk.

That delivery starts a countdown.

The Governor has 5 days to either:

--sign a bill, or

--return it without a signature, a.k.a., to veto it.

In the case of H.230, Phil Scott utilized a Governor’s third option. He let five days pass and the bill became a law (Act 45) without his signature. In doing so, he expressed support for two of the three provisions in the bill, and ambivalence about the third.

First, a “negligent firearm storage” provision means that a person would be criminally liable if their unsecured firearm is used by someone to commit a crime, or to threaten someone. Or, they would be liable if a child or prohibited person gains access to the gun and uses it to cause death or serious bodily injury to any person.

Vermont is the last state in New England to pass a law preventing children’s access to guns. To avoid liability, Vermonters must store "the firearm in a locked container or equipped with a tamper-resistant mechanical lock or other safety device." (That is it for the storage language -- we simplified it from an earlier version of the bill.)

This provision puts into law a common-sense practice for gun safety. Gov. Scott agreed,​ saying in a statement, "the provision relating to ‘safe storage’ creates a more palatable and effective approach to ensure guns are not readily accessible to those who shouldn’t have them."

A second key provision of H.230 expands access to the process for obtaining extreme risk protection orders to a family or household member.

Text added to Vermont Statute expands access to the process for obtaining extreme risk protection orders to a family or household member.

Gov. Scott also supported this in his statement:

"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."

The third provision, a 72-hour waiting period for gun purchases, was Scott's reason for not signing the bill.

"I have significant concerns about the provision’s constitutionality," Scott explained. "However, this matter is currently being taken up through constitutional legal tests across the country," he stated. He concluded, "I will allow H.230 to become law without my signature, and await the judicial branch to decide the fate of waiting periods."

Myself and all the Representatives, Senators, and the Governor, are sworn to uphold the Vermont and the U.S. Constitutions, in each of our best judgments.

What happens when we disagree on what the Constitution allows?

Part of the answer to that is in the political process. It is the duty of each Representative and Senator to consider constitutionality in their vote. The process doesn't require complete consensus, of course. A majority of legislators must be in agreement to pass a bill.

After hours of debate on the House floor over the constitutionality of H.230, I concluded that in my best judgment, the provision is constitutional.

However, I also heard a reasonable case that there are unresolved questions in light of recent U.S. Supreme Court rulings.

Rep. Art Peterson (left) asks questions about H.230 of Rep. Martin LaLonde, speaking for House Judiciary.

The next constitutionality test for Act 45 will occur when someone has a case allowing them to challenge it in court.

I welcome scrutiny of H.230. The law is severable, so if one part is struck down, the other parts stand.

In the meantime, I hope that Act 45 will save lives.

Of the various means of suicide, some are more lethal than others.

Kevin Hines is one of 1,800 people who have attempted suicide by jumping from the Golden Gate Bridge. In 2000, he hit the roiling waters of San Francisco Bay feet-first at 75 miles per hour. The impact broke one of his ankles and crushed his vertebrae.

Like most others who attempt suicide, Hines regretted the jump within an instant.

The moment his fingers left the railing of the bridge, he reports thinking, "What have I done, I don't want to die." Hines said he knew in an instant "I made the greatest mistake of my life."

Hines was very fortunate. He is one of 35 known to have survived the fall.

But Hines' experience is common. Most people who attempt suicide do not complete suicide in the future.

According to 2002 ​literature review ​, 70% of those who attempted suicide that resulted in medical care had no further attempts. Another 23% attempted again, but non-fatally. Only 7% eventually died by suicide.

When we reduce the lethality of suicide attempts, we give people a second chance. While some people will re-attempt, that is the small minority. Decades of data show that if we can prevent a suicide once, we prevent it for a lifetime.

In 2021, 48,183 Americans died of suicide. That's one person every 11 seconds. Rates are at a peak.

Each year nearly 60% of suicides are completed with a firearm.

In 2021, the number of suicides in Vermont was 142, with 83 of them completed by firearm, or 58%.

They are also very lethal. It is rare for someone to survive a suicide attempt in which a firearm is used.

Children are 4.4 times more likely to die by suicide in a home with a firearm compared to a home without a firearm.

Putting these statistics together, I support the 72-hour waiting period for the same reason I support California having a net below the Golden Gate. It gives a person in crisis a chance to consider their actions. Research tells us it is likely to prevent suicides.

Act 45 is a new tool to help Vermont families avoid pain and anguish.