Quick Reference
Magazine Capacity Restrictions
Constitutional (Permitless) Carry Allowed
Red Flag Laws
Carry in Alcohol Establishments Allowed
Open Carry Allowed
No Weapons Signs Enforced by Law
NFA Weapons Allowed
Duty to Retreat
Duty to Inform Law Enforcement
"Universal" Background Checks Required
Table of Contents
State Law Summary
Constitution of the State of Vermont - Vt. Const. Ch. I, § 16
"That the people have a right to bear arms for the defense of themselves and the State."
Vermont’s firearm law history has evolved significantly over the years, marked by key legal cases and legislative changes. Notably, in 2008, the Vermont Supreme Court ruled in *State v. Pugh*, reinforcing the right to bear arms under the state constitution. The 2015 law permitting the open carry of firearms without a permit aligned with Vermont’s long-standing tradition of firearm ownership. Additionally, in 2020, the legislature passed laws regarding the regulation of firearms in certain public spaces, sparking debate over public safety and rights. Vermont’s approach has often been characterized by a balance between individual rights and community concerns, reflecting its unique cultural heritage of responsible gun ownership.
Permit Eligibility, Training and Application Process
The history of firearm permits in Vermont has seen significant changes, particularly in the early 2000s. In 1995, Vermont enacted a law allowing individuals to carry firearms openly without a permit, reflecting the state's long-standing tradition of gun rights. However, in 2003, the state introduced a concealed carry law requiring permits, which emphasized background checks and safety training. This law marked a shift towards more regulated firearm carry. In 2015, Vermont further streamlined its gun laws by eliminating the requirement for a permit to carry a concealed firearm, thereby reinforcing the principle of permitless carry. Throughout these changes, Vermont has maintained a strong emphasis on individual rights and responsible gun ownership.
Permitless Carry Law
The terms “constitutional carry” and “permitless carry” refer to states that have laws allowing individuals to carry a loaded firearm in public without requiring a license or permit.
Reciprocity Agreements
Reciprocity refers to an agreement between states to recognize, or honor, a concealed firearm permit issued by another state.
When you are in another state, you are subject to that state’s laws. Even if a state recognizes your carry permit or allows for permitless carry, the state may have additional restrictions on certain types of firearms, magazines, or ammunition. Take time to learn the law!
State Preemption Laws
State firearm preemption laws are statutes that prevent local governments from enacting or enforcing their own gun regulations that are more restrictive than state law. These laws ensure that firearm regulations remain consistent across the state, preventing a patchwork of different rules in various cities or counties.
24 V.S.A. § 2295
Purchase/Transfer Laws
When buying or selling a firearm, both federal and state laws must be followed. Under 18 U.S.C. § 922(a)(5), a private party may sell a firearm to a resident of the same state if two conditions are met: (1) the seller and buyer must be residents of the same state, and (2) the seller must not know or have reasonable cause to believe that the buyer is prohibited from receiving or possessing firearms under federal law, as outlined in 18 U.S.C. § 922(g).
Additionally, a private seller may loan or rent a firearm to a resident of any state for temporary lawful sporting use, provided they meet the same condition of not knowing or having reason to believe the borrower is prohibited under federal law.
In addition to federal law, state laws governing firearm sales must also be followed, as states may impose additional restrictions such as background checks, waiting periods, or bans on specific types of firearms.
Vt. Stat. Ann. § 4019(e)
Firearm Classification and Accessory Restrictions
COMING SOON!
Magazine Capacity Restrictions
Magazine capacity laws are designed to limit the number of rounds a firearm's magazine can hold, typically restricting it to a certain number of cartridges (e.g., 10 rounds or fewer). Some state laws restrict the amount of rounds that may be placed in a magazine at any given time, while others prevent the mere possession of unloaded magazines capable of accepting more than a certain number of rounds.
The manufacture, possession, transfer, sale, purchase, or receipt or importation into Vermont of large capacity ammunition feeding devices is prohibited. This prohibition does not apply to large capacity ammunition feeding devices lawfully possessed on or before April 11, 2018, and the prohibition on importation into Vermont does “not include the transportation back into this State of a large capacity ammunition feeding device by the same person who transported the device out of State if the person possessed the device on or before” April 11, 2018. The prohibition on possession, transfer, sale, and purchase of large capacity ammunition feeding devices lawfully possessed by licensed dealers before April 11, 2018 does not take effect until October 1, 2018.
Vt. Stat. Ann. § 4021(e)(1)
Prohibited Areas - Where Firearms Are Prohibited Under State law
Carrying a firearm into a place where firearms are prohibited by state or federal law is a common way for gun owners to find themselves in legal trouble. These places are known as “prohibited areas,” and they can vary greatly from state to state.
Below you will find the list of the places where firearms are prohibited under this state’s laws. Keep in mind, in addition to these state prohibited areas, federal law adds additional places where firearms are prohibited. See the federal law section for a list of federal prohibited areas.
(a) No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this section shall, for the first offense, be imprisoned for not more than one year or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned for not more than three years or fined not more than $5,000.00, or both.
(b) No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. A person who violates this section shall, for the first offense, be imprisoned for not more than three years or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned for not more than five years or fined not more than $5,000.00, or both.
(c) This section shall not apply to:
(1) A law enforcement officer while engaged in law enforcement duties.
(2) Possession and use of firearms or dangerous or deadly weapons 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.
(d) As used in this section:
(1) "School property" means any property owned by a school, including motor vehicles.
(2) "Owned by the school" means owned, leased, controlled, or subcontracted by the school.
(3) "Dangerous or deadly weapon" shall have the same meaning as in section 4016 of this title.
(4) "Firearm" shall have the same meaning as in section 4016 of this title.
(5) "Law enforcement officer" shall have the same meaning as in section 4016 of this title.
(e) The provisions of this section shall not limit or restrict any prosecution for any other offense, including simple assault or aggravated assault.
Vt. Stat. tit. 13 § 4004(a)
A person who, while within a courthouse and without authorization from the court,
(1) carries or has in his or her possession a firearm; or
(2) knowingly carries or has in his or her possession a dangerous or deadly weapon, other than a firearm, shall be imprisoned not more than one year or fined not more than $500.00, or both. (c) Notice of the provisions of subsection (b) of this section shall be posted conspicuously at each public entrance to each courthouse. (d) No dangerous or deadly weapon shall be allowed in a courthouse that has been certified by the court administrator to be a secured building.
Title 13: Chpt. 85: § 4016.
(a) A person shall not knowingly possess a firearm while within a hospital building. (b) A person who violates this section shall be fined not more than $250.00. (c) This section shall not apply to a firearm possessed by a federal law enforcement officer or a law enforcement officer certified as a law enforcement officer by the Vermont Criminal Justice Training Council Pursuant to 20 V.S.A. § 2358, for legitimate law enforcement purposes. (d) Notice of the provisions of this section shall be posted conspicuously at each public entrance to each hospital. ) (e) As used in this section: (1) “Firearm” has the same meaning as in subsection 4017(d) of this title. (2) “Hospital” has the same meaning as in 18 V.S.A. § 1902
Title 13 – Chpt. 85 § 4023
Polling Places; Firearms ProhibitedA person shall not knowingly possess a firearm at a polling place or on the walks leading to a building in which a polling place is located on an election day. (2) The provisions of subdivision (1) of this subsection shall apply to the town clerk’s office during any period when a board of civil authority has voted to permit early voting pursuant to 17V.S.A. § 2546b(a)(1). (c) This section shall not apply to: (3) a firearm stored in a motor vehicle. (d) Notice of the provisions of this section shall be posted conspicuously at each public entrance to each polling place.
Title 13 – Chpt. 85 § 4027.
Firearms, Explosives and Other Dangerous Weapons Firearms, explosives, dangerous weapons or the components to fabricate such devices whether in open or concealed possession are prohibited in State Buildings. Vermont Criminal Justice Training Council (VCJTC) certified law enforcement officers, as defined in 20 V.S.A. § 2358 and Capitol Police Officers who have successfully completed the firearms safety program provided by VCJTC are exempt from this provision, unless otherwise provided by law. Instructors and participants in educational or training classes conducted by the Agency of Natural Resources or the Department of Fish and Wildlife may be exempt from this provision upon the Commissioner's receipt and acknowledgment of written notification of such classes from the Agency of Natural Resources or the Department of Fish and Wildlife.
Admin Rule 10 050 003.
 Hunting and Trespassing on the Mud Creek Controlled Hunting Area in Alburg
1. Public use of the Mud Creek Controlled Hunting Area (CHA) shall be permitted or restricted as follows:
(a) No person shall posses a firearm, muzzleloader, trap, bow and arrow, crossbow or spear while within the boundaries of the Mud Creek CHA except under authority of a permit issued by the Vermont Fish and Wildlife Department. Permits issued for hunting or trapping shall be carried by those persons at all times while on the CHA and shall be exhibited to any Fish and Wildlife Department employee upon request.
Admin Rule 12 010 019.
Residential Treatment Programs
A Residential Treatment Program shall not permit any firearm or chemical weapon on the property, including program and employee vehicles.
Admin Rule 13 172 001.
Methods of Carry - Open Carry Laws
Open carry and concealed carry refer to two distinct methods of carrying firearms in public. Open carry involves visibly carrying a firearm, typically in a holster, where it is easily seen by others. Concealed carry, on the other hand, involves carrying a firearm in a hidden manner, such as under clothing, so that it is not visible to others.
No Weapons Signs
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
Vt. Stat. tit. 13 § 3705
Controlled Substance/Alcohol Laws
Most, but not all, states have laws in place that regulate possessing firearms while intoxicated, and individual states will define "intoxicated" differently. In addition to state law, federal law also prohibits the possession of a firearm by any person who is “an unlawful user of or addicted to any controlled substance” as defined by the Controlled Substances Act (“CSA”). There are five different schedules of controlled substances regulated by the CSA, scheduled as I–V. The types of drugs that are regulated range from heroin as a Schedule I substance, to Robitussin AC as a Schedule V substance. Even a gun owner that is prescribed a scheduled drug by a physician can be in legal jeopardy if it is proven that the drug was taken in a frequency or manner other than was prescribed.
Although legal for medicinal or recreational use in many states, marijuana remains classified as a scheduled controlled substance under the federal Controlled Substances Act (CSA), codified as 21 U.S.C. § 812. On May 16, 2024, the U.S. Department of Justice published a proposed rule change that would reclassify marijuana from schedule I to a schedule III drug. It is anticipated this rescheduling will formally occur in 2024 or 2025. Unlike schedule I drugs, schedule III drugs may be lawfully prescribed by a licensed physician, and thus the possession of these prescribed drugs does not make the possession of a firearm inherently unlawful the way possession of a schedule I substance would. This means that the rescheduling of marijuana to a schedule III drug would finally allow for the lawful use, possession and purchase of firearms by prescription marijuana users. However, if it is determined that the marijuana is possessed without a prescription, is used in a manner that is not prescribed, or that the individual with the prescription is addicted to marijuana, possession of a firearm would still be a federal offense. Federal law states that a person is addicted to a controlled substance when they have “lost the power of self-control with reference to the use of controlled substance; and any person who is a current user of a controlled substance in a manner other than as prescribed by a licensed physician.”Â
27 C.F.R. § 478.11, 18 U.S.C. §922(g)(3)
UNABLE TO FIND LEGAL REFERENCE TO DRINKING WHILE IN POSESSION OF A FIREARM. ATTORNEY, PLEASE REVIEW AND UPDATE.
There is no statute making it illegal to concealed carry in bars or restaurants, unless posted.
Vehicle and Transport Laws
No weapons" signs are notices posted by businesses or private property owners indicating that firearms or other weapons are not allowed on the premises. The legal impact of these signs varies by state. In some states, these signs have the force of law, meaning that if a person carries a weapon onto the property in violation of the sign, they can face criminal penalties such as fines or arrest. In these states, ignoring a "no weapons" sign can result in legal consequences similar to trespassing.
In other states, however, these signs are merely a business's policy, and while a person carrying a weapon might be asked to leave, there are no legal penalties for entering with a weapon unless they refuse to leave when asked, at which point trespassing laws may apply.
Storage Requirements
Some states have laws that require gun owners to take specific measures to secure their firearms, especially in households with children. Many of these state laws mandate that guns be stored in locked containers or safes when not in use. These laws often impose penalties for failing to secure firearms, particularly if they are accessed by unauthorized individuals, such as minors.
No. 45. An act relating to implementing mechanisms to reduce suicide and community violence.
Other Weapons Restrictions
COMING SOON!
Police Encounter Laws
POLICE ENCOUNTER LAWS
Some states impose a legal duty upon permit holders that requires them to inform a police officer of the presence of a firearm whenever they have an official encounter, such as a traffic stop. These states are called “duty to inform” states. In these states you are required by law to immediately, and affirmatively, tell a police officer if you have a firearm in your possession.
In addition to “duty to inform states,” some states have “quasi duty to inform” laws. These laws generally require that a permit holder have his/her permit in their possession and surrender it upon the request of an officer. The specific requirements of these laws will vary from state to state.
The final category of states is classified as “no duty to inform” states. In these states there are no laws that require a gun owner to affirmatively inform an officer if they have a firearm. Additionally, there are also generally no laws that require you to respond or provide a permit if asked about the presence of a firearm.
Red Flag or Emergency Risk Orders
Emergency Risk Orders (or "Red Flag Laws") enable rapid legal action when someone is believed to be at significant risk of harming themselves or others with a firearm. Generally speaking, these controversial laws allow law enforcement to seek a court order to temporarily confiscate firearms from the individual and prevent them from purchasing new ones while the order is in effect. The most robust laws also permit family members and others to file petitions.
Vermont enacted a "red flag" law permitting a court to issue an extreme risk protection order against persons found to be a risk of physical harm to themselves or others. A state's attorney, the Office of the Attorney General, or a household or family member may file the initial petition. If the court grants the initial petition, then the State's Attorney of the county must take over prosecution. An order may last up to six months and involve the removal of firearms from the subject.
(b)(1) Except as provided in section 4054 of this title, the court shall grant relief only after notice to the respondent and a hearing. The petitioner shall have the burden of proof by clear and convincing evidence.
(2) When a petition has been filed by a family or household member, the State’s Attorney of the county where the petition was filed shall be substituted as the plaintiff in the action upon the issuance of an ex parte order under section 4054 of this title or at least seven days prior to the hearing for a petition filed under this section. Upon substitution of the State’s Attorney as the plaintiff, the family or household member shall no longer be a party.
(c)(1) A petition filed pursuant to this section shall allege that the respondent poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control.
(2)(A) An extreme risk of harm to others may be shown by establishing that:
(i) the respondent has inflicted or attempted to inflict bodily harm on another; or
(ii) by his or her threats or actions the respondent has placed others in reasonable fear of physical harm to themselves; or
(iii) by his or her actions or inactions the respondent has presented a danger to persons in his or her care.
(B) An extreme risk of harm to himself or herself may be shown by establishing that the respondent has threatened or attempted suicide or serious bodily harm.
(3) The affidavit in support of the petition shall state:
(A) the specific facts supporting the allegations in the petition;
(B) any dangerous weapons the petitioner believes to be in the respondent’s possession, custody, or control; and
(C) whether the petitioner knows of an existing order with respect to the respondent under 15 V.S.A. chapter 21 (abuse prevention orders) or 12 V.S.A. chapter 178 (orders against stalking or sexual assault).
(d)(1) The court shall hold a hearing within 14 days after a petition is filed under this section. Notice of the hearing shall be served pursuant to section 4056 of this title concurrently with the petition and any ex parte order issued under section 4054 of this title.
(2) If a petition is filed by a family or household member under this section, the court shall transmit a copy of the petition to the State’s Attorney of the county where the petition was filed, along with all supporting documents and the notice of the initial status conference or hearing.
(e)(1) The court shall grant the petition and issue an extreme risk protection order if it finds by clear and convincing evidence that the respondent poses an extreme risk of causing harm to himself or herself or another person by purchasing, possessing, or receiving a dangerous weapon or by having a dangerous weapon within the respondent’s custody or control.
(2) An order issued under this subsection shall prohibit a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person’s custody or control for a period of up to six months. The order shall be signed by the judge and include the following provisions:
(A) A statement of the grounds for issuance of the order.
(B) The name and address of the court where any filings should be made, the names of the parties, the date of the petition, the date and time of the order, and the date and time the order expires.
(C) A description of how to appeal the order.
(D) A description of the requirements for relinquishment of dangerous weapons under section 4059 of this title.
(E) A description of how to request termination of the order under section 4055 of this title. The court shall include with the order a form for a motion to terminate the order.
(F) A statement directing the law enforcement agency, approved federally licensed firearms dealer, or other person in possession of the firearm to release it to the owner upon expiration of the order.
(G) A statement in substantially the following form:
“To the subject of this protection order: This order shall be in effect until the date and time stated above. If you have not done so already, you are required to surrender all dangerous weapons in your custody, control, or possession to [insert name of law enforcement agency], a federally licensed firearms dealer, or a person approved by the court. While this order is in effect, you are not allowed to purchase, possess, or receive a dangerous weapon; attempt to purchase, possess, or receive a dangerous weapon; or have a dangerous weapon in your custody or control. You have the right to request one hearing to terminate this order during the period that this order is in effect, starting from the date of this order. You may seek the advice of an attorney regarding any matter connected with this order.”
(f) If the court denies a petition filed under this section, the court shall state the particular reasons for the denial in its decision.
(g) No filing fee shall be required for a petition filed under this section.
(h) Form petitions and form orders shall be provided by the Court Administrator and shall be maintained by the clerks of the courts.
(i) When findings are required under this section, the court shall make either written findings of fact or oral findings of fact on the record.
(j) Every final order issued under this section shall bear the following language: “VIOLATION OF THIS ORDER IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058, AND MAY ALSO BE PROSECUTED AS CRIMINAL CONTEMPT PUNISHABLE BY FINE OR IMPRISONMENT, OR BOTH.”
(k) Affidavit forms required pursuant to this section shall bear the following language: “MAKING A FALSE STATEMENT IN THIS AFFIDAVIT IS A CRIME SUBJECT TO A TERM OF IMPRISONMENT OR A FINE, OR BOTH, AS PROVIDED BY 13 V.S.A. § 4058.”
13 V.S.A. § 4053
Use of Force in Defense of Person
The legal use of force, including deadly force, is regulated by state law. There are no federal laws that dictate when you can use force in self-defense in all states. As such, it is essential to become familiar with individual state laws.
(1) in the just and necessary defense of the person’s own life or the life of any other person;
(2) if the person reasonably believed that the person, or any other person, was in imminent peril and that it was necessary to repel that peril with deadly force in the forceful or violent suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary, or robbery;
13 V.S.A. § 2305
Use of Force in Defense of Others
Defense of third party laws allow an individual to use force, including deadly force, to protect another person from harm. These laws generally permit intervention if the third party would have had the right to use force in their own self-defense under the same circumstances. The exact application of these laws will vary by jurisdiction, so it is important to understand the framework of each individual state.
Use of Force in Defense of Habitation
The term "castle doctrine" comes from English common law providing that one's abode is a special area in which one enjoys certain protections and immunities, from which one is not obligated to retreat before defending oneself against attack, and in which one may do so without fear of prosecution.
Many states have instituted castle doctrine laws, with varying degrees of formality. Some states have statutorily enacted castle doctrine laws, some have judicially-created protections (called “common laws”), while others have no amplified protections in the home at all.
State v. Hatcher, 167 Vt. 338, 348 (1997)
Use of Force in Defense of Property
Generally speaking, the use of deadly force is limited to circumstances that reasonably present an imminent threat of serious bodily injury or death of a human being. As such, using deadly force in defense of mere personal property is almost categorically prohibited. Although most states will allow the use of some amount of force (i.e. physically restraining someone until the police arrive), the use or threatened use of deadly force in defense of mere property is generally not permitted.
Self-Defense Immunity
To address the risk that those acting in lawful self-defense might be sued by their attacker, some states have implemented protective measures in the form of civil immunity statutes. These statutes serve to shield victims from certain civil lawsuits. If a state has a civil immunity statute in place, you generally enjoy protection from being sued by your attacker or attacker’s family as long as your use of force is deemed to be criminally justified. This legal framework provides a layer of protection for individuals who, in the course of defending themselves, might otherwise be subjected to additional legal challenges in the form of civil lawsuits.
Duty to Retreat
A duty to retreat is an obligation to flee that is imposed upon a civilian who is under attack. If applicable, it applies to the victim of unlawful force prior to their ability to use deadly force to defend him or herself. The duty to retreat makes self-defense unavailable to those who use deadly force when they could have retreated from the confrontation safely. The alternative to duty-to-retreat laws is no-duty-to-retreat laws or stand-your-ground laws as they’re commonly called. Stand-your-ground states impose no duty to flee upon victims and instead state that one can stand their ground and meet force with force, under certain situations.
State v. Hatcher, 167 Vt. 338, 348 (1997)