Dear Editor,
What do you call a
person who makes a living off the sportsmen but is constantly
fighting against sportsmen’s rights? I can think of quite a few
but hypocrite is one that comes to mind. David Deen is that
person. He is a professional fishing guide in southern Vermont,
however his anti-sportsman history leaves much to be desired.
In February of 2007,
David Deen, the current chairman of the Vermont House Fish,
Wildlife, and Water Resource Committee held hearings in the middle
of the worst snow storm Vermont has seen in years. Many committee
members were absent and many sportsmen groups were not invited to
speak. The bill pertaining to the hearing was H.59 titled :An Act
Relating to Hunting with a Firearm While Under the Influence of
Alcohol or Drugs:. This bill would make it a felony violation if
you’re caught hunting while on prescription drugs or have a blood
alcohol content of .08. This felony would also prohibit a person
from possessing a firearm or ammunition for the rest of their
lives. It takes three convictions of driving under the influence
to make it a felony. Why is this bill so severe when no people
have been killed by an intoxicated hunter? Does Deen believe this
is a fair and just law? He must!
During the 2005-2006
legislative session, David Deen tried to amend H.447 :The Shooting
Range Protection Bill”. This amendment would have made the bill
useless causing even more fish and game clubs to be shut down.
His amendment was so bad he couldn’t get five cosponsors to agree
with it.
In 1998, there was
an amendment on the House floor to make it illegal for Vermont law
enforcement to do the Brady background checks. David Deen killed
it by a procedural move.
During 1987-1988,
David Deen was a Senator from Windham County. He introduced two
bills, which thankfully, never saw any action. The first one was
S.276 titled “An Act Relating to Purchase of Handguns”. It
outlined some very anti-gun ideas. For instance, you would need
permission from the state to buy a firearm! There would be a 7-20
day waiting period before obtaining written approval. Your name,
age, address, height, weight, eye color, hair color, occupation,
social security number, birth place, and any information
pertaining to the gun would be recorded and kept by the state
instead of just the gun dealer. This included PRIVATE sales,
too. There would be a $1000.00 fine for all noncompliance.
The second bill was
S.!9 “ An Act Relating to the Illegal Use and Purchase of
Firearms”. This was almost exactly the same as S.276 but included
long arms and had a provision that children under the age of 16
could not be in possession of a pistol or revolver. How can
Vermont’s future sporting generations expect to enjoy the great
outdoors with someone such as David Deen trying to kill the ideals
and traditions of Vermont’s past generations? Why is he the chair
of what is suppose to be a pro-sportsmen committee when his
actions show otherwise? Please call Speaker of the House Gay
Symington at 800-322-5616 and ask to have him removed from his
position as chairman.
Also, please keep in
mind when choosing a guide from Orvis: who would you like to
support that supports you?
Remember- friends
don’t let friends use anti-sportsmen fishing guides.
Sincerely,
Ilse
Myths about guns are truly deadly
By JOHN STOSSEL
http://www.theunionleader.com/articles_showa.html?article=62176
GUNS are dangerous. But myths are dangerous, too. Myths about
guns are very dangerous, because they lead to bad laws. And bad
laws kill people.
"Don't tell me this bill will not make a difference," said
President Clinton, who signed the Brady Bill into law.
Sorry. Even the federal government can't say it has made a
difference. The Centers for Disease Control did an extensive
review of various types of gun control: waiting periods,
registration and licensing, and bans on certain firearms. It
found that the idea that gun control laws have reduced violent
crime is simply a myth.
I wanted to know why the laws weren't working, so I asked the
experts. "I'm not going in the store to buy no gun," said one
maximum-security inmate in New Jersey. "So, I could care less if
they had a background check or not."
"There's guns everywhere," said another inmate. "If you got
money, you can get a gun."
Talking to prisoners about guns emphasizes a few key lessons.
First, criminals don't obey the law. (That's why we call them
"criminals.") Second, no law can repeal the law of supply and
demand. If there's money to be made selling something, someone
will sell it.
A study funded by the Department of Justice confirmed what the
prisoners said. Criminals buy their guns illegally and easily.
The study found that what felons fear most is not the police or
the prison system, but their fellow citizens, who might be
armed. One inmate told me, "When you gonna rob somebody you
don't know, it makes it harder because you don't know what to
expect out of them."
What if it were legal in America for adults to carry concealed
weapons? I put that question to gun-control advocate Rev. Al
Sharpton. His eyes opened wide, and he said, "We'd be living in
a state of terror!"
In fact, it was a trick question. Most states now have "right to
carry" laws. And their people are not living in a state of
terror. Not one of those states reported an upsurge in crime.
Why? Because guns are used more than twice as often defensively
as criminally. When armed men broke into Susan Gonzalez' house
and shot her, she grabbed her husband's gun and started firing.
"I figured if I could shoot one of them, even if we both died,
someone would know who had been in my home." She killed one of
the intruders. She lived. Studies on defensive use of guns find
this kind of thing happens at least 700,000 times a year.
And there's another myth, with a special risk of its own. The
myth has it that the Supreme Court, in a case called United
States v. Miller, interpreted the Second Amendment — "A well
regulated Militia, being necessary to the security of a free
State, the right of the people to keep and bear Arms, shall not
be infringed" — as conferring a special privilege on the
National Guard, and not as affirming an individual right. In
fact, what the court held is only that the right to bear arms
doesn't mean Congress can't prohibit certain kinds of guns that
aren't necessary for the common defense. Interestingly, federal
law still says every able-bodied American man from 17 to 44 is a
member of the United States militia.
What's the special risk? As Alex Kozinski, a federal appeals
judge and an immigrant from Eastern Europe, warned in 2003, "the
simple truth — born of experience — is that tyranny thrives best
where government need not fear the wrath of an armed people."
"The prospect of tyranny may not grab the headlines the way
vivid stories of gun crime routinely do," Judge Kozinski noted.
"But few saw the Third Reich coming until it was too late. The
Second Amendment is a doomsday provision, one designed for those
exceptionally rare circumstances where all other rights have
failed — where the government refuses to stand for reelection
and silences those who protest; where courts have lost the
courage to oppose, or can find no one to enforce their decrees.
However improbable these contingencies may seem today, facing
them unprepared is a mistake a free people get to make only
once."
John Stossel is co-anchor of ABC News' "20/20" and the author of
"Give Me a Break."
From the
Burlington Free Press:
My Turn:
Don't be too eager to give up the right to bear arms
By Jessica Collins May 19, 2007
I am disgusted by the number of Americans who are happy to give
up their constitutional rights as law-abiding citizens. The same
people who are upset about the illegal wire-tapping are the same
ones who are pushing for the government to take away everyone's
guns.
What happened to your precious Constitution? You want the right
to free speech, but feel fine giving the government the right to
tell you if you can or cannot have a gun. Why are the first,
third or fourth amendments any more important than the second?
The founding fathers made it the Second Amendment for a reason.
People in this country have been well trained to be victims and
to not stand up for your rights or for what you believe in. If
you do not want to have a gun in your home, don't have one. Why
is it anybody else's decision if I can own a gun? I do not force
my beliefs on anyone because I believe that adults should have
the right to make their own decisions.
It is illegal to murder a person right now. What makes you think
that taking guns away from legal gun owners is going to stop
criminals from obtaining them? Stop taking the blame away from
the criminals and putting it on their weapons. Criminals do not
abide by laws so all that will happen is that the law-abiding
citizen will be rendered defenseless. The criminals know this
and use it to their advantage.
Simply look at the statistics; places like New York City,
Boston, Los Angeles, and DC have very strict gun laws and they
have some of the highest rates of crime in the country. Vermont,
with its very lax gun laws, has very low crime rates. Wasn't it
published recently that we are the second-safest state in the
nation? I've heard people say that this is because there are no
gangs here in Vermont; sounds to me like a gang problem and not
a gun problem. The fact is, the criminals do not know who may be
carrying so they don't bother people. I feel a whole lot safer
walking down the streets of Burlington with their "careless" gun
laws than I do walking down the streets of New York City.
Lastly, the fact that some countries in Great Britain and Europe
do not allow its citizens to own guns does not make those
countries safer. I do not know where people get their statistics
from; violent crime in London has been on the rise for years
after banning handguns.
Remember, guns do not take rights away from anybody, like
Klopfenstein wrote in his article, ("Massacre shows it's time to
get guns off the streets," April 27) the criminals using the
guns do.
Jessica Collins lives in Essex.
EDITORIAL
Gun control is a term that
belongs on the range as a parallel term for muzzle control, not
in the halls of the legislative bodies. But with the support of
some alleged sportsman’s groups, we get a steady drumbeat of the
“need” for gun control. So let’s pick this thinking apart and
see if it has any merit at all for free people living under the
American Constitution.
What exactly is freedom?
Let’s look at the root word “free” to understand. Since it is
the law that concerns us, we turn to Blacks Law Dictionary where
we discover that free means “Not subject to legal constraint of
another”. “Unconstrained; having power to follow dictates of
own will”. And “freedom” is defined as, “The state of being
free; liberty; self determination; absence of restraint; the
opposite of slavery”.
Clearly then, to be free,
one has the right of self determination without any
constraints. So then, by what legal fiction does any
legislative body presume to diminish the 2nd
Amendment to the U.S. Constitution, where it says in clear plain
language, “…the right of the people to keep and bear arms shall
not be infringed”? The answer, of course, is not even by legal
fiction can such plain language be jettisoned in favor of any
constraint on the right to keep and bear arms. It is clearly an
unconstitutional abuse of power to constrain such a fundamental
right.
Some folks, even in the
shooting sports community cleave to the notion that some violent
or potentially violent persons should not be allowed to have a
gun. Think about that for a moment and ask yourselves if those
persons should be denied the right to defend themselves if
someone seeks to do them injury or even kill them. If you
answer yes, you do not believe in the equal protection of the
laws, an important cornerstone of freedom.
Now, of course, we are
going to hear, “but preemption is key to prevention”. Rubbish!
Under American justice, you can have all the evil thoughts you
want as long as you do not carry them into execution. If you do
carry them into execution, you are then accountable to the law
for the harm you do. The really sharp gun control advocate is
going to then claim that our laws concerning terrorists can’t be
constitutional either. Wrong! Conspiracy to commit terrorist
acts is an exception and really has no bearing on gun control.
This is particularly true when it involves foreign nationals
here illegally or even legally because their stated intent to
commit terrorist acts and they are conspiring to carry that into
execution. A domestic terrorist acting alone presents a
different problem because until he commits that act, there is
likely no crime, unless it is an explosive devise violation or a
dangerous substance violation such as radioactive or pathogenic
substances.
Now why is the right to
keep and bear arms so important? Try self protection as the
leading reason, and especially for carrying a concealed
firearm. It is well documented that firearms stop more crimes
than there are crimes committed with firearms. The average time
for getting police to respond is so extended that you could be a
dead victim long before any police could be there. Moreover,
the true function of the police is to enforce the laws, which
translated means investigating and capturing the offender. So
the free and unconstrained person can have a firearm and protect
themselves by exercising his self determination to do so.
Finally, we must have a few
words about a troubling development in law enforcement. Beyond
the fact that there is never a cop nearby when you need one,
there is the reality of competence when you do get one. The
evidence is startling with regard to training and marksmanship
skills being deplorable for the vast majority of our officers.
But the problem is far worse because the training is not
providing the use of the baton that the older cops learned to
use so effectively for disarming and securing deranged persons
and drunks without undue harm to them.
Instead, today we
are seeing the beanbag shot from a 12 gage and more recently
stun guns that deliver over 50,000 volts of electricity to the
target with devastating results. Both of these devices are
potentially lethal and too often used. The bean bag is
dangerous because it does not fly in a regular manner and may
strike the person in a vulnerable area that would kill them.
The stun gun is being promoted by the feds, but 50,000 volts
kills some people. While these devices may have very limited
applications, the facts are less than two dozen of our state
police are even qualified to use them. County and municipal
police have far fewer if any trained police.
One solution for
qualifying our police might be to have them qualify twice a year
with our game wardens in their program. Every game warden and
deputy game warden is a very good marksman and if they were to
use the beanbags or the stun guns, it is very likely they would
be trained in the appropriate use of them.
In any event, the
issue of gun control seeming extends to the folks with a badge
and a gun. If we are to have any gun control, it ought to be
for the officers that we should be able to rely on for a very
high degree of competence, and not to ordinary folks. That is
what freedom is all about.
HELP
President’s Report
WARNING – WARNING
The monthly meetings
The following
are the regular meeting dates for the rest of the year:
September 15
October 20
November 17
December 15
They will be
held at Denny’s Restaurant on Rt. # 7 in
Rutland at 1:00 P.M. Please try
to attend as this is your organization and we need your input.
(H477 The
Range Protection Bill)
was passed into law last session. When written, it seemed like a
good Bill, except for a few things which we wanted them to define
or change. We wanted an exemption from Act 250 for gun ranges and
we wanted them to define “vicinity”. After the hearings in the
House Fish & Wildlife Committee, they passed the House floor and
went into the Senate Judiciary Committee. We talked to Dick
Sears, the Chair of the Committee, who told us the Bill probably
wouldn’t see any action. Along comes Vince Illuzzi, who picks up
the Bill and runs with it. He completely changed the Bill and
made it a thousand times better, wrangled the Judiciary Committee
to hold hearings and Dick Sears made sure we were invited to sit
in on them.
The Bill was
brought down to the Senate and was passed. It was then sent over
to the House where the Senate version was passed. During the
House floor debate, David Dean of Westminster tried to add an
anti-gun amendment to the Bill, but he couldn’t even get a second
on it! Thanks to Vince Illuzzi and Dick Sears, we have a law
that improves on the original law, although it’s not perfect. We
will talk to them this Session about adding the exemption to Act
250, which the Secretary explains in more depth in her report.
Yours in
Freedom, Ed Cutler
Secretary’s Report
If you think
the new range protection law is a good thing, read on…
The Precision
Valley Fish and Game Association in Perkinsville, Vt. has a
beautiful outdoor shooting range which is the topic of this
discussion. Sometime during the early 1980’s the neighbors that
had a noise issue with the club made a written agreement after
coming to a compromise about shooting events. Basically, it
stated that they would stop complaining to the state and town
authorities.
In the fall of
2006, Precision Valley received a letter from the Act 250
Commission. It seems the same neighbors that signed this
agreement have contacted the commission to help them shut down the
Precision Valley shooting range. Act 250 wanted to know 1) if the
club had expanded (membership has actually decreased) 2) who the
exact ownership is (same as its inception) and 3) to see if the
club has changed environmentally (which it has not).
The Commission
is on a fishing expedition due to a very small handful of people
who live over ½ mile away. Incidentally, all the neighbors in the
immediate vicinity have no complaints! Precision Valley Fish and
Game Association has responded to the Act 250 Commission stating
that absolutely nothing has changed.
See, folks, if
this goes to hearing, it will be the club that has to pay a
lawyer, not the complainers. The club will be financially
strapped. It’s just a sneaky way to close down yet another
shooting range.
The Gun Owners
of Vermont will be working diligently to fix the range protection
bill, mainly by exempting gun ranges from Act 250.
Congratulations to the winner of our raffle. Steve Down Jr. or
Rutland won a XP 100 for only a dollar!
We are sorry
the Hartland Gun Show will be closing their doors after 20 years
of service.
A big
thank-you to the Harris family for their many years’ devotion to
the gun
Yours in
Freedom, Ilsa Vergi
News & Views from the Treasurer
Terror in the Green Mountains
The evolution
of evil is often not obvious until the evil touches one directly.
But for the astute, something very evil is now apparent and
terrifying in the way it devalues human beings. We had fair
warning of impending problems with training, policy and procedure
when a victim of a mental disorder was shot in a church while
armed only with a knife. Then we had a bizarre shooting in a
police station with a person voluntarily being finger printed and
allegedly pulling a knife on the officer. The biggest alert came
in the form of awards for police that apparently followed
directions and training which resulted in the death of yet one
more troubled Vermont citizen.
Joseph
Fortunati was camped on private property a couple of hundred yards
from a logging road (Copper Mine Road was misidentified as a class
IV road on that portion of the road). Joseph had apparently been
neglecting to take his medications for diagnosed mental illness.
A non-violent altercation occurred between Joseph and some EPA
staff on Monday. On Friday, apparently the state police had been
called after another group of EPA staff had accosted Joseph. The
EPA staff sought to discover facts regarding the status of the
road and the ownership of where Joseph was camped at the Town
Clerk’s office, where Susan Fortunati works (Joseph’s
step-mother). She recognized that the vehicle the EPA reported
seeing on Copper Mine Road was Joseph’s. This resulted in a
dialogue between Susan Fortunati and the police who arrived before
the EPA staff left the Town Clerk’s office.
Susan offered
that Robert, the father would talk to Joseph. The police
demanded that they be informed of the progress within two to three
hours. Susan advised Robert of the situation and Robert then
went to the police barracks to offer that he and two of his sons
would try to move Joseph onto some Fortunati land nearby in the
morning (Saturday), to which the police agreed but insisting that
they be kept informed. Saturday Robert and the family did try to
talk to Joseph resulting in Joseph pulling a gun on his father.
Robert reported to the police what had transpired and advised them
that the situation needed to be handled very gently as Joseph had
mental issues. Robert was given the impression that the police
would work with the family to devise a plan together. That did
not happen.
The Vermont
State police became impatient and responded to Joseph’s camp site
at 7 PM with a SWAT team and proceeded in a twelve minute
confrontation to pelt Joseph with shotgun fired beanbag rounds and
commands yelled at him to surrender. After twelve minutes of
abusive treatment amounting to assault and battery to his confused
mind, he went to his car to get a gun to defend himself. Once the
gun was in hand, a trooper yelled, “Gun”. That immediately caused
two SWAT members to fire, killing Joseph. See the Attorney
General’s web site confirming the twelve minutes SWAT was on site.
http://www.atg.state.vt.us/display.php?pubsec=4&curdoc=1214
It is noteworthy that neither Joseph’s Clara Martin Center
counselor nor the Bradford constable, both of whom had a good
relationship with Joseph were asked by the police to talk to
Joseph, despite the Fortunati’s suggesting that possibility.
The Orange County State’s Attorney and the
Vermont Attorney General investigated. Their investigations
proved to be something of a sham because they simply concluded
that the SWAT team believed they were in danger of death or
serious bodily injury. After being accosted with such harsh
behavior, instead of being simply arrested, a perfectly rational
man might well react to defend himself from black clad people with
painted faces. Indeed, the facts, as disclosed by the Attorney
General’s report, appear to indicate that it was not until after
twelve minutes of provocation that Joseph went to his car to get a
gun. But there is no emphasis about the provocation by the SWAT
team in the Attorney General’s report. The question is why was
this report not balanced to show that there was severe provocation
and that during the first twelve minutes of the confrontation
Joseph was not armed and could easily have been taken into
custody?
First, we must
recognize that SWAT was on the scene on direct orders of someone
in the management chain of command and they were following the
training, policy and procedure the command structure provided.
Clearly that was the case because the officers were recognized
with citations at a ceremony that, according to media reports, the
command structure did not want publicized. If the actions of
SWAT were truly fitting and proper, why did the command structure
seek to hide the commendations? The only possible conclusion is
that the command structure knew that the action taken was wrong.
That brings us back to why the Attorney General’s report and his
duty were failures.
The Dwinell
Political Report interviewed the Attorney General on the subject.
Attorney General Sorrell defended his actions. "I am the chief law
enforcement officer of the State of
Vermont. But my role as such is
limited to 'counsel and assist.' In my investigations, I was
limited to finding whether there was a violation of the criminal
laws, if a murder charge was warranted or manslaughter. The action
of the law enforcement, while tragic, did not come close to a
charge of murder or manslaughter.
The Attorney
General is not a constitutional office, but rather one created by
statute. Title 3 § 152 defines his authority. The attorney
general may represent the state in all civil and criminal matters
as at common law and as allowed by statute. The attorney general
shall also have the same authority throughout the state as a
state’s attorney. That is considerably more authority
than a role limited to “counsel and assist”. Worse, it does not
relieve him of the duty to report faithfully and he could hardly
fail to conclude that there is a problem when police kill mentally
disturbed citizens after provoking them to actions that could be
construed as a perceived threat of death or serious bodily harm
for the officers.
Again in the
Dwinell Political Report the Attorney General is quoted. I
did feel a sense of responsibility that there seemed to be a flaw
in the training of law enforcement that allowed these situations
to all end tragically. I was able to persuade both Governor
Douglas and the legislature to support a $50,000 request for
specific training relating to these tragedies. Why did
Sorrell not say that in his report on the Fortunati Shooting?
What legislators were informed of his opinion that there is a
problem in police training? Did he suggest improvements in policy
and procedure for the command structure or just training for the
officers? Why was the additional funding concern not a part of
the report?
The answers
are transparently obvious. Sorrell regards protecting the state
from civil actions as more important than his duty to the people
who pay his salary because he would be obligated to defend the
state. He also must have some predisposition to discount the life
of the mentally challenged or he would have been more public in
his opinion regarding the incident and likely would have concluded
there was culpability on the part of the officers or the command
structure or both. The fact that he did not shows great disdain
for human life and a coarse disregard for the duty of the Attorney
General. Finally, we must ask the question, is this something
that should result in disciplinary action against Sorrell, either
by the bar or by impeachment? Can Vermont afford to go down the
path of state terrorism? Or is this just another page in the
book of leniency for terrorism as we are seeing with our US
Senator Leahy wanting to hold hearings to find wrongdoing by the
US military in the treatment of captured terrorists? As a gun owner, I
am concerned that my right to be left alone and to be able to
protect myself will be impaired by government actions under the
authority of people like Sorrell. I do not want the terror that
is becoming pervasive in so many other countries to become
commonplace in Vermont. I
particularly do not want the state sponsored terrorism that this
sort of whitewashing seems to imply. Joseph Fortunati should not
have been killed by SWAT. Who is next if we do not correct the
course?
MAYOR ANTI-GUN
Burlington
Mayor Kiss is involved with an anti-gun movement that stems from
Massachusetts claiming criminals are obtaining illegal firearms
from ME, NH and VT. Officials investigating have found that to
be untrue with the guns in question actually coming from Southern
states. The question is, will the mayor be swayed by the facts?
The Legislature
Generally, we
see several bills each year that are damaging to our firearms
rights. While we have heard rumors, to date there is no
legislation proposed that we need to be alerted about. That may
change and if it does, we will be getting out an alert. The
anti-gun crowd can’t be labeled partisan as every political party
seems to have an anti-gun cadre.
This Last Hunting Season
It is in the
record books now, Vermont had a very nice improvement in the
harvest of virtually all the big game animals this year, but the
deer and moose were certainly spectacular. If you have not been
hunting in recent years, reconsider. It takes the support of all
of us to encourage good management of our fish and wildlife.
Hunter Safety
Increasing
interest in hunter safety is an important part of minimizing the
attacks on our gun rights. When youngsters from single parent
families take the course, the mother or father frequently takes
the course as well. This wins us supporters, so it is a good idea
to encourage the F&W Hunter Safety program in your town. If it is
not available, call F&W and ask for the Hunter Safety folks. They
can set you up with instructors to bring the program to your
town. Or, consider becoming an instructor yourself. It is truly
a rewarding experience to bring the joys of safe firearms handling
to youngsters that will remember the things you teach them for
life.
Creating Chapters
As President
Ed has explained, we have monthly meeting for the state
organization, but we have long been interested in starting
chapters around the state to make participation easier for folks.
If you are interested in starting a local chapter, please contact
Ed or Karen at the phone numbers provided at the beginning of the
newsletter.
Supplemental Fund Raising
As you
doubtless know, Gun Owners of Vermont has only your dues for
meeting the costs of fighting to protect our gun rights. We have
tried to supplement this with an annual raffle with firearms being
the prizes, but that is just not cost effective. So we are trying
a daily 50-50 at the shows this year. Maybe you can’t afford to
buy something that you would like at the shows, but you can afford
$1 for a chance in the 50-50. The daily winner gets half the pot
and that might be enough to buy what you wanted, but could not
afford. Please consider this idea as a way to help the cause and
a way to maybe get you some mad money.
No Spin?
Bill O’Reilly,
the popular Fox News commentator on Christmas day shocked some of
us by holding forth on favoring gun control. A popular rap artist
was arrested for the third time on drug and possession of a
firearm charges. O’Reilly was unconcerned about the drug matter,
but opined that the man ought to be in jail for having a gun.
Hey, O’Reilly, this is America where the 2nd Amendment
is still the supreme law of the land, despite some twisted ideas
by some that “a well regulated militia” refers to the National
Guard. No – no, it ain’t so. We are the well regulated militia
that the founders referred to because they were opposed to any
standing army, which is what the National Guard really is today.
The notion then was what it was until the last few decades in
Vermont, neighbor helping neighbor in any crisis, be it fire,
flood or invasion. Government is a poor neighbor as towns with
“wilderness” are noticing.
“Guard with jealous attention the public liberty. Suspect
everyone who approaches that jewel. Unfortunately, nothing will
preserve it but downright force. Whenever you give up that force,
you are inevitably ruined.” —Patrick Henry
"The basis of our political systems is the right of the people to
make and to alter their Constitutions of Government. But the
Constitution which at any time exists, 'till changed by an
explicit and authentic act of the whole People is sacredly
obligatory upon all." —George Washington
"Good people do not need laws to tell them
to act responsibly, while bad people will find a way around the
laws." —Plato
VERMONT GUN OWNERS
GET HELP FINDING LAWS
MIDDLEBURY
03-22-05
For More Information:
Cindy Ellen Hill Esq. 802-388-1664
wordwomanvt@yahoo.com
Attorney Cindy Hill of Middlebury has just released
the Gun Owners Guide to the Laws of Vermont. The book
summarizes Vermont's weapons and firearms statutes in
one easy-to-read volume, with commentary and reference
to leading cases and the reasoning behind Vermont's
gun laws. Every Vermont gun owner -- be they a
hunter, handgunner, competition shooter, or
self-defense advocate -- can now locate Vermont's
scattered firearms and other weapons regulations
without paging through the thousands of pages of
Vermont statutes.
Gun owners all across America envy Vermont's practical
no-license-required firearms laws, referred to as
"Vermont Carry". Now Vermont gun owners and
out-of-staters can easily access the key provisions of
Vermont's laws pertaining to firearms in one efficient
book.
Cindy Hill practices law and writes in Middlebury,
Vermont. She is a life member of the NRA, Vermont
Outdoors Woman, Gun Owners of Vermont, and the
Sportsmen's Club of Franklin County. She is also the
author of Creative Lawyering, available at
XLibris.com, and an upcoming book from Paladin Press
regarding the law of Brady checks for firearm
purchases.
Hill is "best known as Vermont's Second Amendment
lawyer," according to the Champlain Business Journal,
and the "den mother of Vermont firearms rights"
according to Women and Guns magazine.
ORDERING INFORMATION:
The Gun Owners Guide to the Laws of Vermont is
available direct from Gun Owners of Vermont, or mail
check or money order, $12.95 for single copies, or
$75.00 for a sets of ten for resale or distribution,
to Cindy Hill, 144 Mead Lane, Middlebury VT 05753.
The self-published book is 51 pages, 8.5" X 11",
softcover. The first 100 only will be signed by the
author. Get yours quick!
GUN OWNERS GUIDE TO THE LAWS OF VERMONT
TABLE OF CONTENTS
Introduction
CHAPTER 1: CONSTITUTIONS
A Quick Civics Review
United State Constitution
Vermont Constitution
CHAPTER 2: VERMONT WEAPONS LAWS
Vermont Weapons Laws
Self Defense
CHAPTER 3: GUN CRIMES AND PROBATION
Breach of Peace and Reckless Endangerment Impeding
and Disarming Law Enforcement Officers
Weapons and Probation
Explosives
CHAPTER 4: GAME LAWS AND SPORTSMEN'S CLUBS
Game Laws
Fish and Game Forfeitures
Posting
Gun Raffles
Private Hunting Preserves and Shooting Grounds
Shooting Range Protection
CHAPTER 5: MUNICIPAL AND SCHOOL REGULATION
Schools and Firearms
Municipal Regulation
CHAPTER 6: LICENSING AND FORFEITURE
Professional Licenses
Gun Forfeiture
Guns as Abandoned Property
CHAPTER 7: FEDERAL LAW AND VERMONT
Act 250
hearing for Hale Mountain gun club packs Rutland conference room
By LAURA RASKIN
Staff Writer
RUTLAND -- Attorneys for Shaftsbury's Hale Mountain Rod and Gun
Club told the Vermont Environmental Board on Wednesday that the
club has not made significant changes to its site since 1970 and
should not be held to Act 250 criteria.
Club supporters packed half of a conference room at the Holiday
Inn in Rutland, with some of its charter members testifying to
activities at the club over the years.
"The only issue is whether the club has undergone substantial
change. After you review the evidence, you will see that an Act
250 jurisdiction does not exist," said the club's attorney, James
Goss.
The club opened in 1947 and has always been active, he said, with
a mix of rifle, pistol and trap shooting taking place there.
But neighbors on Rod and Gun Club Road say the club should be held
to Act 250's 10 criteria because of substantial changes, including
increased shooting noise and adverse environmental effects. Those
neighbors also appeared before the Environmental Board.
In July, District 8 Environmental Coordinator Warren Foster ruled
that the club needed to apply for an Act 250 permit. The club
appealed that decision and neighbors cross-appealed, prompting
Wednesday's hearing.
Neighbors hope that when the board makes its decision in two
months, it will uphold Foster's ruling.
Representing herself, neighbor Ann Dailey said her family
purchased their home in 1980 for its secluded, peaceful
environment.
"As time passed, things have changed and those changes are why
we're here today," she said.
Stephen Reynes, lawyer for two other neighbors - Owen and Kathy
Beauchesne and Ken and Mary Kennedy - told the board the club
should be held to Act 250 jurisdiction because it made
"recognizable, physical changes" that had a "significant impact."
Those changes include clearing trees and the addition of a garage,
shot pavilions, a storage trailer and new technology, said Reynes.
No attention was paid to required buffer zones around Class II
wetlands on the club's property either, he said.
Lorraine Mattison, another neighbor representing herself,
testified that the addition of roofs onto the shooting sheds in
the 1990s meant members could shoot more often in inclement
weather.
"We've lost the enjoyment of our home and property," said Mattison.
"Most summer days now we enjoy after dark."
Two of Hale Mountain's charter members - Henry Salem and Ralph
Bevis - testified that they hadn't witnessed substantial changes
to the club.
But in his cross-examination of current club Chairman James Logan,
Reynes implied their septic system is not up to code and has
caused undue water pollution.
"Ann Dailey smelled sewage north of the (caretaker's) trailer,"
said Reynes. Logan maintained he was not even sure where the
septic tank was.
"I can't remember being in a case before where the person who owns
the property says, 'We don't know where the septic system is,'"
said Reynes during a break in the hearing. He planned to call a
witness later in the afternoon who was a hydrogeologist and knew
about septic system regulations, he said.
A crowd of Hale Mountain supporters and members who gathered in
the motel lobby midway through the day said they did not
understand why the hearing was taking place at all. Any changes
they've made to the club have been for safety, they said. That
group included club President Charlie Wells and former President
Charles Stewart.
"You couldn't get Ralph Bevis or Henry Salem or anyone else who
has testified this morning to lie about what they've said," said
Paul Williams, who sits on the club's board of directors and has
been shooting there since he was a boy in the 1960s.
After Wednesday's hearing, both sides can submit supplemental
findings to the board. The board will probably deliberate in April
and come out with a written decision after that, said board
Chairwoman Patricia Moulton Powdon.