Giffords Lobbyist Skirts Registration Requirement in Violation of Vermont Lobbying Laws

Lobbyists

Giffords Law Center to Prevent Gun Violence may have illegally skirted Vermont lobbying laws during a March hearing on new gun control measures, according to our research.

On Wednesday, March 11, the House Committee on Judiciary met at 9:00 am to hear witness testimony on (among other matters), H.606, “An act relating to firearms procedures.” The gun control measure seeks to increase penalties for firearms theft, possession by prohibited persons, and expand the category of those who are prohibited. Additionally, it seeks to ban machine gun conversion devices and hold firearms manufacturers and sellers liable for public nuisance damages.

During this meeting, testimony was provided by:

  • Erik FitzPatrick, Legislative Counsel, Office of Legislative Counsel
  • Elisabeth Ryan, Policy Counsel, Everytown for Gun Safety
  • Greg Lickenbrock, Director, Everytown for Gun Safety
  • Kim McManus, Legislative, Policy, and Records Attorney, Department of State’s Attorneys and Sheriffs
  • Chris Bradley, President and Executive Director, Vermont Federation of Sportsmen’s Clubs
  • Joseph LoPorto, State Director, NRA
  • Billy Clark, Senior Litigation Attorney & Second Amendment Issues Manager, Giffords Law Center to Prevent Gun Violence

Vermont law (2 V.S.A. Section 262) requires lobbyists to register with the Secretary of State, and defines “lobbying” as “(A) to communicate orally or in writing with any legislator or administrative official for the purpose of influencing legislative or administrative action.” The law has exemptions for a person who “engages in lobbying solely by testifying.”

During recorded video testimony, Giffords representative Billy Clark was questioned by Rep. Zach Harvey (R-District 3): “My last question for you, Billy, is were you consulted at all on this bill prior to coming to the committee? Did you have any input on any of the language?”

Clark responds, “I have been in touch with committee members on this.”

Clark’s response, indicating direct contact with elected officials in order to influence the legislative outcome, falls outside of the lobbying exemptions provided by Vermont statute. As such, Clark would likely be considered a lobbyist and must be registered with the Secretary of State.

According to the Vermont Secretary of State website, while Giffords itself is registered with the state (along with lobbyist Joseph Platte) Mr. Clark himself is not registered as a lobbyist, in what appears to be a violation of state law given his testimony above.

Although it is not the primary purpose of this article, it is noteworthy that testimony from pro-Second Amendment groups like Mr. LoPorto, representing the NRA, and Mr. Bradley, representing the Vermont Federation of Sportsmen’s Clubs, were effective in suppressing the worst elements of the bill as viewed by the Second Amendment community.

Their collective testimony was able to influence legislators to completely strike the section related to manufacturer / seller liability under the public nuisance clause, to substantially narrow the “dangerous person” prohibition, and to remove the ban on “rapid-fire devices.”

The amended bill passed the House on March 19, and remains pending in the Senate.

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