Vermont State Law Summary

In 2003, 48 people died from firearm-related injuries in Vermont. National Center for Injury Prevention and Control, U.S. Centers for Disease Control and Prevention, WISQARS Injury Mortality Reports, 1999-2003, at http://webappa.cdc.gov/sasweb/ncipc/mortrate10_sy.html.

Chapter I, Article 16 of the Vermont Constitution states:

That the people have a right to bear arms for the defence of themselves and the State - and as standing armies in time of peace are dangerous to liberty, they ought not to be kept up; and that the military should be kept under strict subordination to and governed by the civil power.

In State v. Duranleau, 260 A.2d 383 (Vt. 1969), the Vermont Supreme Court rejected an article 16 challenge to Vt. Stat. Ann. tit. 10, § 4705(b), prohibiting the possession of a loaded rifle or shotgun in a vehicle on a public highway without a permit. The court began its analysis by stating that Article 16 "does not suggest that the right to bear arms is unlimited and undefinable." Duranleau, 260 A.2d at 386. The court noted that section 4705(b) does not "literally prohibit the 'bearing' of any arms . . . . but instead only requires "that, when rifles and shotguns are carried in . . . vehicles on public highways, . . . they be unloaded." Id. The court then ruled that the law was not "such an infringement on the constitutional right to bear arms as to make the statute invalid." Id.

Vt. Stat. Ann. tit. 24, § 2291(8), as amended by 2006 Vt. Acts 173 § 3, provides that, "[f]or the purpose of promoting the public health, safety, welfare and convenience," a town, city or incorporated village shall have the power to "regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in section 5227 of title 10."

Vermont Statutes Annotated title 24, § 2295 states:

Except as otherwise provided by law, no town, city or incorporated village, by ordinance, resolution or other enactment, shall directly regulate hunting, fishing and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city or incorporated village under section 2291(8) of this title.  The provisions of this section shall supersede any inconsistent provisions of a municipal charter.

Although the title of section 2295, "Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing and trapping," expressly includes counties, the text does not. Counties in Vermont appear to have no legislative authority and are primarily responsible for the organization of the county court system. Vt. Stat. Ann. tit. 24, §§ 131 et seq.

Although there are no cases interpreting sections 2291(8) or 2295, the Vermont Attorney General has analyzed whether section 2295 would prevent law enforcement from conducting voluntary background checks on prospective handgun purchasers pursuant to the Brady Act. 1997 Vt. AG LEXIS 1, Op. Vt. Att'y Gen. 97-2 (July 23, 1997).

The Attorney General noted that section 2295 prohibits the direct regulation of "the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of . . . firearms, ammunition" or their components." 1997 Vt. AG LEXIS 1, Op. Att'y Gen. 97-2 at *2.

The Attorney General reasoned that, in performing a background check, law enforcement is not "directly" regulating the transaction, "but is merely determining if the transaction would violate federal law." Id. Because Because of this lack of "direct" regulation, the Attorney General concluded that nothing in section 2295 would prevent law enforcement from conducting a voluntary background check. Id.

Under Vermont Statutes Annotated title 16, § 563(5), school boards have the power to regulate or prohibit firearms on school premises. School boards must adopt and implement policies regarding students who bring to or possess firearms at school. Vt. Stat. Ann. tit. 16, § 1166.

A number of cities in Vermont have municipal charters that specifically grant city bodies the authority to regulate or prohibit the possession and use of firearms. See, e.g., Vt. Stat. Ann. tit. 24A, §§ 17-2.4(b)(4), 127-104(2). The enforceability of such provisions is unclear in light of sections 2291(8) and 2295. In SBC Enterprises, Inc. v. City of South Burlington Liquor Control Commission, 689 A.2d 427, 429 (Vt. 1996), a case not involving firearms, the Supreme Court of Vermont held that a city’s charter provided sufficient authorization for the city’s entertainment ordinance. The court explicitly stated that it did not need to decide whether section 2291 also authorized the ordinance. Id.

Vermont Statutes Annotated title 10, § 5227(b) provides that the owner or operator of a sport shooting range, and any person lawfully using the range, who is in substantial compliance with any noise use condition of any issued municipal or state land use permit required by law shall not be subject to any civil liability for damages or any injunctive relief resulting from noise or noise pollution. If no municipal or state land use permit is otherwise required by law, then the owner or operator of the range and any person lawfully using the range shall not be subject to any civil liability for damages or any injunctive relief relating to noise or noise pollution. Vt. Stat. Ann. tit. 10, § 5227(c).

Vermont Statutes Annotated title 10, § 5227(d) states: "Nothing in this section shall prohibit or limit the authority of a municipality or the state to enforce any condition of a lawfully issued and otherwise required permit." However, even when the range is found to be not in substantial compliance with a municipal or state land use permit, a nuisance claim against the range may only be brought by an owner of property abutting the range. Vt. Stat. Ann. tit. 10, § 5227(e)(1)(added by 2006 Vt. Act 173, § 1). Furthermore, the range shall have a rebuttable presumption that the range does not constitute any form of nuisance if the range was established prior to the acquisition of the property owned by the person bringing the nuisance claim, and the frequency of the shooting or other alleged nuisance activity at the range has not significantly increased since that person’s acquisition of the property. Id. This presumption may be rebutted only by an abutting property owner showing that "the activity has a noxious and significant interference with the use and enjoyment" of his or her property. Vt. Stat. Ann. tit. 10, § 5227(e)(2) (added by 2006 Vt. Act 173, § 1).

Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

No relevant statutes currently exist.

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited from buying or possessing a firearm.  This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  Federal law defines a number of classes of prohibited purchasers (including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions), and leaves to the states the power to determine additional classes. (For a complete list of federally prohibited purchasers, click here.)

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.  Federal law does not require that private sellers (persons other than firearms dealers) conduct background checks on prospective purchasers.

In Vermont, all firearms transfers by licensed dealers are processed directly through the FBI. Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, Midyear 2004 (August 2005).

Vermont has not adopted any classes of prohibited persons broader than those set forth under federal law (or made sales to those purchasers a state crime).

A Vermont court may, as a condition of probation, require that an offender or juvenile offender refrain from purchasing or possessing a firearm unless granted written permission by the court, probation officer, or juvenile probation officer. Vt. Stat. Ann. tit. 28, § 252(b)(8), tit. 33, § 5552. Similarly, an administrative regulation provides the Department of Corrections with authority to require an offender serving a supervised community sentence to refrain from possessing firearms. Vt. Code R. § 13.130.014(C)(2)(a)(i).

Firearms transfers by private sellers (non-firearms dealers) are not subject to background checks in Vermont, although federal and state purchaser prohibitions still apply.  See the Vermont Private/Secondary Sales section.

No relevant statutes currently exist.

Possession Restrictions

A person who carries a deadly weapon, "openly or concealed, with the intent or avowed purpose of injuring a fellow man" shall be imprisoned for not more than two years, fined not more than $200.00, or both. Vt. Stat. Ann. tit. 13, § 4003.

In addition, a person who carries a firearm, "openly or concealed," while committing a felony, while smuggling an alien, or while committing an offense under section 667 of Title 7 (concerning unauthorized alcohol sales), "shall be imprisoned not more than five years or fined not more than $500.00, or both." Vt. Stat. Ann. tit. 13, § 4005.

A vagrant found carrying a firearm "shall be imprisoned not more than two years nor less than six months." Vt. Stat. Ann. tit. 13, § 3905. A vagrant is defined as: "A transient person, roving from place to place and living without visible means of support, who begs, or who rides or attempts to ride on a railroad freight train or engine without the consent of the person in charge thereof, or who enters or attempts to enter a dwelling house, barn or other building without the permission of the owners or occupants thereof. . . . ." Vt. Stat. Ann. tit.13, § 3901.

Vermont prohibits any person from knowingly possessing a firearm or deadly weapon within a school building or on a school bus. Vt. Stat. Ann. tit. 13, § 4004(a). First-time violators of this prohibition will be imprisoned for up to one year and fined up to $1,000, or both. Id. Subsequent violations are punishable by imprisonment for up to three years, a fine of up to $5,000, or both. Id. Individuals who knowingly possess firearms on any school property with the intent to injure another person may be punished by imprisonment for up to two years, fined up to $1,000, or both. Section 4004(b). Subsequent offenses are punishable by imprisonment for up to three years, a fine of up to $5,000, or both. Id. However, these provisions do not apply to possession of a firearm if the board of school directors or the superintendent or principal if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes. Section 4004(c)(2).

Under Vt. Stat. Ann. tit. 16, § 1166, school boards must adopt and implement policies regarding students who bring or possess firearms at school. At a minimum these policies are to provide that any student who brings to or possesses a firearm at school shall be expelled for not less than one calendar year. Section 1166(b)(2). However, the school board may modify the expulsion on a case by case basis in certain circumstances. Id.

Technical training centers must also regulate or prohibit firearms on their premises and the governing board's policies must meet or exceed the requirements of title 16, § 1166 and title 13, § 4004. Vt. Stat. Ann. tit. 16, § 1577(4).

Firearms are also regulated in state buildings. Under Vt. Stat. Ann. tit. 29, § 152(a)(14), the Commissioner of Buildings and General Services may promulgate rules and regulations concerning firearms and access to, and conduct upon, the grounds of structures and buildings which fall within his or her jurisdiction. Id. Under Vt. Code R. § 10-050-003, firearms and their components, whether in open or concealed possession, are prohibited in state buildings. State administrative regulations also govern firearms at:

• Historic sites. Vt. Code R. § 11.050.002;

• The Mud Creek Controlled Hunting Area. Vt. Code R. § 12.010.019;

• The premises of a legally exempt child care provider. Vt. Code R. § 13.160.002;

• Residential child care facilities. Vt. Code R. § 13.162.006;

• Licensed foster homes. Vt. Code R. § 13.162.007; and

• Limited access highways. Vt. Code R. § 14.053.004.

One who carries a deadly weapon into any state institution or the grounds thereof, without permission of the warden or superintendent of the institution, shall be imprisoned for not more than two years, fined not more than $200.00, or both. Vt. Stat. Ann. tit. 13, § 4003.

Vermont also prohibits the possession of a firearm in a courthouse without specific authorization from the court. Vt. Stat. Ann. tit. 13, § 4016(b)(1), (2). Violators shall be imprisoned for up to one year or fined up to $500, or both. Id.

It is unlawful to carry or possess a firearm in a private preserve without written consent of the owner or person having the exclusive right to take fish or wild animals therein. Vt. Stat. Ann. tit. 10, § 5204. It is also unlawful to carry or possess a firearm in the Bomoseen state game refuge. Vt. Stat. Ann. tit. 10, § 5226.

Transportation of Firearms

Vermont Statutes Annotated title 10, § 4705(b) prohibits a person from carrying or possessing, while in a vehicle on a public highway, a loaded rifle or shotgun. This prohibition does not apply to a licensed hunter who is a paraplegic or is otherwise certified by a physician as disabled and who obtains a permit from the Fish and Wildlife Commissioner which shall be attached to the hunting license. Id.

Concealed Weapons Licensing Requirements

Vermont does not require a permit or license to carry a concealed weapon.

No relevant statutes currently exist. State administrative regulations exist that are designed to prevent child access to firearms at:

• The premises of a legally exempt child care provider. Vt. Code R. § 13.160.002;

• Residential child care facilities. Vt. Code R. § 13.162.006; and

• Licensed foster homes. Vt. Code R. § 13.162.007.

Vermont does not license firearms dealers. Nevertheless, firearm dealers are subject to state laws governing gun sales generally. See the Vermont Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the Vermont Background Checks section.

Under Vermont Statutes Annotated title 13, § 4006, all pawnbrokers and retail firearms dealers must keep a record book in which they record the sale of all handguns and the purchase of all second-hand handguns.  The record must include the date of the transaction, the marks of identification on the firearm (including the manufacturer's name, the caliber, model and manufacturer's number of the firearm), and the name, address, birthplace, occupation, age, height, weight and the color of eyes and hair of the purchaser or seller.  Id.  The purchaser or seller shall sign his or her name to the record, and the pawnbroker or firearms dealer must preserve the record book for six years after the date of last entry and make it available for inspection by law enforcement.  Id.

In addition, anyone other than a parent or guardian who sells or furnishes to a person under the age of sixteen any firearm or ammunition, will be fined between $10 and $50. Vt. Stat. Ann. tit. 13, § 4007. This prohibition does not apply to "an instructor or teacher who furnishes firearms to pupils for instruction and drill." Id.

For laws applicable to both licensed and private firearm sellers, please see the Vermont Private/Secondary Sales section.

Federally Licensed Firearms Dealers

There are approximately 348 federally licensed firearms dealers and pawnbrokers in Vermont. Federal firearms licensee totals for Vermont as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

No relevant statutes currently exist.

Vermont Statutes Annotated title 10, § 5227, as amended by 2006 Vt. Act 173, § 1, significantly limits the liability of sport shooting ranges. See the Vermont State Preemption section above for further details.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Vermont does not specifically regulate junk guns or unsafe firearms. Nevertheless, according to research conducted by the Center to Prevent Handgun Violence, Vermont's Attorney General may have the authority to regulate junk guns, as well as to promulgate other firearms safety standards, pursuant to the Vermont Consumer Fraud Act, Vermont Statutes Annotated title 9, § 2453. For details, view the Center's report, Targeting Safety.

No relevant statutes currently exist.

No relevant statutes currently exist.

No relevant statutes currently exist.

Under Vermont Statutes Annotated title 13, § 4008, a person under age 16 is prohibited from possessing a handgun without the consent of a parent or guardian. (Note that federal law generally prohibits the possession of a handgun or handgun ammunition by anyone under age 18. 18 U.S.C. § 922(x)(2), (3) and (5).) There is no minimum age to possess a rifle or shotgun in Vermont.

In addition, anyone other than a parent or guardian who sells or furnishes to a person under the age of sixteen any firearm or ammunition, will be fined between $10 and $50. Vt. Stat. Ann. tit. 13, § 4007. This prohibition does not apply to "an instructor or teacher who furnishes firearms to pupils for instruction and drill." Id.

Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under age 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under age 21. Id.

Federal law provides less stringent age restrictions with respect to sales by unlicensed persons. Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under age 18. 18 U.S.C. § 922(x)(1), (3) and (5). Federal law provides no age limitations with respect to the sale of a long gun by an unlicensed person.

No relevant statutes currently exist.

No relevant statutes currently exist.

Private firearms transfers (i.e., transfers by non-firearms dealers) are not subject to a background check requirement in Vermont, although federal and state purchaser prohibitions still apply.  See the Vermont Background Checks section.

In addition, anyone other than a parent or guardian who sells or furnishes to a person under the age of sixteen any firearm or ammunition, will be fined between $10 and $50. Vt. Stat. Ann. tit. 13, § 4007. This prohibition does not apply to "an instructor or teacher who furnishes firearms to pupils for instruction and drill." Id.

Vermont Statutes Annotated title 20, § 8(b)(3)(B), as amended by 2006 Vt. Acts 209, § 9, provides that "no inventory or record of privately owned firearms shall be made. . . ." by the governor as part of civil defense planning.

No relevant statutes currently exist.