For decades, Vermont’s strong tradition of sportsmanship and love of freedom has kept it from enacting more than a handful of gun laws. For many years, Vermont was the only state in the nation which did not have a concealed weapons law, meaning citizens did not need a permit to carry a concealed handgun. Coincidentally, Vermont is one of the safest states in the country, with a murder rate lower than many European nations.
In early 2018, however, the governor of Vermont signed laws which were rushed through the state legislature. These laws relate to magazine capacity, background checks, minimum purchasing age, and “red flags.”
For the most part, Vermont still has good laws, which we’ll cover below.
New 2018 Gun Laws in VT
As mentioned above, in April of 2018, Vermont enacted several new gun laws. Magazine capacities are limited to 15 rounds for a handgun and 10 rounds for a rifle. The minimum age to purchase firearms is 21, with a few caveats, and background checks are required for private sales. Police can seek a court order to seize guns from people deemed to be an “extreme risk”, also known as a “red flag law”, and so-called “bump stocks” are banned.
Ammo Sales
Vermont has no restrictions on the sale of ammunition.
Castle Doctrine
Although Vermont does not explicitly have a Castle Doctrine law titled as such, Vermont statutes allow the pointing and discharging of a firearm at another person in self-defense, although it is not advisable to do so unless you are in imminent danger of serious bodily injury or death. Vermont law defines justifiable homicide as killing in defense of one’s person, relatives, or mistress against crimes including murder, sexual assault, burglary, or robbery, with force or violence. The use of deadly force requires greater justification than the use of lesser force.
No specific location appears to be required under these laws, which is to say that the law applies equally whether you are in your home or on the street. Vermont jury instructions have stated that if there was a reasonable belief that deadly force was necessary to protect from an imminent threat of death or bodily injury, there is no duty to retreat. Further education on this topic is encouraged, such as contacting your local police department and asking about self-defense laws.
Concealed Carry in VT
Vermont’s famous “constitutional carry” status means no permit is required for residents and non-residents to carry guns concealed or openly in Vermont. If one is a prohibited possessor, however, other laws prevent the possession of a firearm, which would include carry.
Carry is prohibited in school buses and school buildings. “Dangerous weapons” or “deadly weapons” may not be carried with intent to injure a fellow man. They also may not be carried within or upon the grounds of a state institution, which encompasses many state government buildings, schools, and facilities. Federal law prohibits carry in federal buildings and in post offices, including their parking lots.
Because Vermont does not have a concealed carry permit, there is no reciprocity in either direction: none is required to carry, but none is provided for carry outside the state, either. Vermont residents thus are only allowed to carry concealed out of state in states with similar “constitutional carry” laws. These states include Arizona, Alaska, Kansas, Maine, Mississippi, Missouri, New Hampshire, Oklahoma, and West Virginia.
Felony Conviction
People convicted of violent crimes may not possess firearms in VT. In addition, those subject to a protective order may be prohibited from possessing firearms and are required to give them, and their ammunition, up to an FFL or a law enforcement officer.
Federal law has a more extensive list of crimes which bar firearms ownership. Those who have been pardoned or had records expunged or sealed may be able to own firearms again.
Magazine Capacity
The sale of handgun magazines over 15 rounds and rifle magazines over 10 rounds is prohibited in Vermont. However, you may possess higher capacity magazines made before April of 2018 that were owned at or before that date. If traveling to Vermont from another state, you may bring higher capacity magazines into Vermont for the purposes of a sport shooting competition, but you may not sell them once you’ve brought them in, and they must be legal in your state of residence.
NFA/Class 3
In Vermont, use of suppressors or silencers is restricted to “sport shooting ranges.” It’s not yet legal to use them for hunting. Machine guns, SBRs, and SBS/AOWs are legal. Possession of nuclear weapons is prohibited by law in Vermont.
Open Carry in VT
No permit is required for open carry in Vermont.
Private Sales / Vermont Gun Shows
Until April of 2018, no background checks were required on private sales, but that has changed. Unless transferring a firearm to an immediate family member, you must now find a licensed dealer in the state to facilitate the transfer and perform a background check. This includes sales at gun shows, unless, again, you sell a gun at a gun show to an immediate family member. Vermont may be moving towards setting up a law enforcement database to facilitate private sales of firearms, but for now, you must go through a licensed FFL.
Though there is a minimum age to purchase firearms of 21, this rule does not apply to purchasers under 21 who have passed a Vermont or Canadian hunter safety course.
Purchasing / Permits
Although background checks are required on all sales, there are no permits required to purchase firearms in VT, nor are there waiting periods or requirements on firearm design features. Unlike other states such as California, there is no roster of firearms which you may only choose from when buying a gun in Vermont.
Registration
There is no registration of firearms in Vermont.
Safety
You are not required to include a locking device when transferring a firearm in Vermont.
Shoot First
Recent jury instructions for self-defense cases in Vermont have specifically stated that in the case of legitimate self-defense, there is no duty to retreat before using force. However, the use of force in self-defense is limited to very specific situations, some of which is discussed above under “Castle Doctrine.”
Stolen Firearms
Although you are not required to report stolen firearms within a given time period, it’s a good idea to do so in order to help police be on the lookout for them and to keep them out of the hands of bad guys.
Transporting Firearms
Long guns must be unloaded during transport in a motor vehicle on public highways in VT. The only exception to this would be those who are licensed hunters and are paraplegic or have been certified as disabled by a physician and are in possession of a permit from the Vermont Fish and Wildlife Commissioner. “Loaded” for the purposes of this law includes not only keeping rounds out of the chamber but also keeping loaded magazines out of the firearm. “Public highways” include roads made by the “agency of transportation” but not foot trails or private roads.
For decades, Vermont’s strong tradition of sportsmanship and love of freedom has kept it from enacting more than a handful of gun laws. For many years, Vermont was the only state in the nation which did not have a concealed weapons law, meaning citizens did not need a permit to carry a concealed handgun. Coincidentally, Vermont is one of the safest states in the country, with a murder rate lower than many European nations.
In early 2018, however, the governor of Vermont signed laws which were rushed through the state legislature. These laws relate to magazine capacity, background checks, minimum purchasing age, and “red flags.”
For the most part, Vermont still has good laws, which we’ll cover below.
