Vermont Gun Control Laws

Gun control laws often lead to contentious debates in Congress and state legislatures. Lawmakers struggle to balance concerns of public safety with the rights of gun owners to arm themselves for self-defense and other purposes. In 2008, the U.S. Supreme Court held that the Second Amendment establishes a personal right to possess a firearm in the home for lawful purposes. 

In 2022, the Court ruled that individuals also have a right to carry arms in public. It placed new burdens on the State to show that a regulation is narrowly tailored in line with historical regulations of firearms. Since then, federal and state gun control laws have faced legal challenges.

While state gun control laws often differ in their detail, there are some common features. Purchasing and possessing firearms for self-defense, hunting, or certain recreational purposes is often legal unless state or federal law prohibits the buyer based on past criminal history or mental health concerns. Using a gun to commit a crime or carrying one in restricted spaces such as schools, courthouses, or prisons will bring criminal charges in most jurisdictions.

Federal regulations govern the possession and use of firearms in interstate commerce. Under federal law, purchasing a gun from a licensed firearm dealer will cause an instant background check. The FBI houses the National Instant Background Check System (NICS). Through NICS, law enforcement officers can flag a gun purchase involving a person who has a felony conviction or falls under other legal disabilities.

Gun Control in Vermont

Vermont's state constitution guarantees people the right to bear arms for the defense of themselves and the state. For many years, the state had few laws restricting ownership or possession of firearms. There are no registration or licensing requirements in Vermont. The state does not require a carry permit for handguns or long guns. Law-abiding gun owners, be they residents or non-residents, can carry firearms concealed or open in public.

Beginning in 2018, the Vermont legislature has brought forward bills focused on gun violence prevention. Since that time, the state has enacted laws providing for universal background checks on gun sales and firearm transfers. Lawmakers raised the minimum age to purchase a firearm to 21. The state has also banned the use of high-capacity magazines and defaced firearms that have no visible serial number.

Vermont also created an extreme risk protection order procedure, permitting courts to order the confiscation of guns from those determined to be at risk of causing harm to themselves or others. The state added safe storage rules and a 72-hour waiting period after purchase to its firearms laws. Gov. Phil Scott allowed this last law to take effect without his signature, expecting a court challenge.

As of early 2024, the state has not passed an assault weapons ban. The City of Burlington pursued a charter change to prohibit assault weapons in the past, but enforcement would likely bring a challenge under the state's preemption statute which gives the state the last word on major gun laws.

The state of Vermont has always prohibited unlawful firearm activity. Vermont makes it a crime to carry a dangerous weapon with the intent to injure someone. Using a gun to commit a felony or firing a gun while aiming it at someone are offenses too. Negligent use of a firearm can earn you up to five years in prison. There are also prohibitions on selling or furnishing guns to minors without parental permission.

Gun owners who carry firearms concealed or open in the state need to be aware of location restrictions in the law. The state bans the presence of firearms in the following locations under most circumstances:

• Courthouses, unless the court has authorized the person to carry
• Hospitals
• School buildings, school buses, school grounds
• State buildings

The following table provides a quick summary of Vermont gun control laws:

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Research the Law

• Gun Laws
• Vermont Law
• FindLaw - Official State Codes
• Self Defense
• Domestic Violence and Guns

Talk to an Attorney for More Information

State gun control laws are subject to change. In places like New England, the laws may vary between Vermont, Maine, and New Hampshire. If you face questions over gun possession or use, it makes sense to seek out legal advice. Consider contacting a Vermont criminal defense lawyer to get answers to your questions.