§ 1048. Removal of firearms
(a)(1) When a law enforcement officer arrests, cites, or obtains an arrest warrant for a
person for domestic assault in violation of this subchapter, the officer may remove
any firearm:
(A) that is contraband or will be used as evidence in a criminal proceeding; or
(B) that is in the immediate possession or control of the person being arrested or cited,
in plain view of the officer at the scene of the alleged domestic assault, or discovered
during a lawful search, including under exigent circumstances, if the removal is necessary
for the protection of the officer, the alleged victim, the person being arrested or
cited, or a family member of the alleged victim or of the person being arrested or
cited.
(2) As used in this section, “family member” means any family member, a household member
as defined in 15 V.S.A. § 1101(2), or a child of a family member or household member.
(b) A person cited for domestic assault shall be arraigned on the next business day after
the citation is issued except for good cause shown. Unless the person is held without
bail, the State’s Attorney shall request conditions of release for a person cited
or lodged for domestic assault.
(c)(1) At arraignment, the court shall issue a written order releasing any firearms removed
pursuant to subdivision (a)(1)(B) of this section unless:
(A) the firearm is being or may be used as evidence in a pending criminal or civil proceeding;
(B) a court orders relinquishment of the firearm pursuant to 15 V.S.A. chapter 21 (abuse
prevention) or any other provision of law consistent with 18 U.S.C. § 922(g)(8), in which case the weapon shall be stored pursuant to 20 V.S.A. § 2307;
(C) the person requesting the return is prohibited by law from possessing a firearm; or
(D) the court imposes a condition requiring the defendant not to possess a firearm.
(2) If the court under subdivision (1) of this subsection orders the release of a firearm
removed under subdivision (a)(1)(B) of this section, the law enforcement agency in
possession of the firearm shall make it available to the owner within three business
days after receipt of the written order and in a manner consistent with federal law.
(d)(1) A law enforcement officer shall not be subject to civil or criminal liability for
acts or omissions made in reliance on the provisions of this section. This section
shall not be construed to create a legal duty to a victim or to any other person,
and no action may be filed based upon a claim that a law enforcement officer removed
or did not remove a firearm as authorized by this section.
(2) A law enforcement agency shall be immune from civil or criminal liability for any
damage or deterioration of firearms removed, stored, or transported pursuant to this
section. This subdivision shall not apply if the damage or deterioration occurred
as a result of recklessness, gross negligence, or intentional misconduct by the law
enforcement agency.
(3) This section shall not be construed to limit the authority of a law enforcement agency
to take any necessary and appropriate action, including disciplinary action, regarding
an officer’s performance in connection with this section.
(e) This section shall not be construed:
(1) to prevent a court from prohibiting a person from possessing firearms under any other
provision of law;
(2) to prevent a law enforcement officer from searching for and seizing firearms under
any other provision of law; or
(3) to authorize a warrantless search under any circumstances other than those permitted
by this section. (Added 2017, No. 92 (Adj. Sess.), § 1, eff. Sept. 1, 2018.)