Gun laws in Vermont

Location of Vermont in the United States

Gun laws in Vermont regulate the sale, possession, and use of firearms and ammunition in the U.S. state of Vermont.

Vermont formerly had very few gun control laws, but in 2018, the state enacted laws requiring background checks for private sales, raising the minimum age to purchase firearms to 21 (16 if purchasing a long gun from a person who is not a federally licensed firearm dealer and the purchaser presents a certificate of satisfactory completion of a hunter safety course that is approved by the Vermont Commissioner of Fish and Wildlife),[1][2] banning the sale of handgun magazines that hold more than 15 rounds and rifle magazines that hold more than 10 rounds,[3][a] banning the possession of bump stocks,[5] and allowing police to seek a court order to seize guns from anyone deemed an extreme risk.[6][7] The portion of the law dealing with high capacity magazines has recently been challenged as unconstitutional under Vermont's constitution based upon the right to bear arms (Chapter I, Article 16) and the equal protection clause/"common benefits" clause (Chapter I, Article 7).[8][9]

The open or concealed carry of firearms is generally unregulated. The state's rural character, along with its strong hunting and outdoor sports traditions, and low homicide rate (6 to 18 per year),[10] have contributed to the state's historically permissive gun policies. Gun dealers are required to keep a record of all handgun sales. State law preempts local governments from regulating the possession, ownership, transfer, carrying, registration or licensing of firearms:[11]

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 subdivision 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter. (Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.)[12]

The state neither issues nor requires a permit to carry a weapon on one's person, openly or concealed. This is known in the U.S. as constitutional carry. The phrase "constitutional carry" reflects the view that the Second Amendment to the U.S. Constitution does not abide restrictions on gun rights, including the right to carry or bear arms. Vermont is the only state where this has always been the case (hence the alternative term Vermont carry[13]). Vermont law does not distinguish between residents and non-residents of the state; both have the same right to carry without prior state approval while in Vermont.

  1. ^ "Vermont Laws". legislature.vermont.gov. Retrieved May 9, 2021.
  2. ^ "Vermont Laws". legislature.vermont.gov. Retrieved May 9, 2021.
  3. ^ "Vermont Laws". legislature.vermont.gov. Retrieved May 9, 2021.
  4. ^ "New Vermont Gun Laws FAQs". Department of Public Safety. c. 2018. Retrieved June 26, 2020.
  5. ^ "Vermont Laws". legislature.vermont.gov. Retrieved May 9, 2021.
  6. ^ McCullum, April (April 10, 2018). "Gov. Scott Signs Vermont Gun Bills: When New Steps Take Effect". Burlington Free Press. Retrieved April 13, 2018.
  7. ^ "Vermont Laws". legislature.vermont.gov. Retrieved May 9, 2021.
  8. ^ Galloway, Anne (February 12, 2019). "Gun rights lawyers spar with state attorneys over magazine limit". VTDigger.
  9. ^ Therrien, Jim (May 30, 2019). "Max Misch attorney details challenge to Vermont gun law". Bennington Banner.
  10. ^ "Crime Statistics". Vermont Crime Information Center. Retrieved September 27, 2024.
  11. ^ NRA/ILA Firearms Laws for Vermont
  12. ^ "Vermont Laws: Title 24 : Municipal And County Government Chapter 061 : Regulatory Provisions; Police Power Of Municipalities Subchapter 011 : Miscellaneous Regulatory Powers (Cite as: 24 V.S.A. § 2295)". legislature.vermont.gov. Retrieved August 11, 2022.
  13. ^ Charles C. W. Cooke, "Vermont: Safe and Happy and Armed to the Teeth", National Review Online, June 24, 2014.


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