Vermont: State Firearms Laws

(as of May 1995)

Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Federal Gun Control Act of 1968 as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.

Quick Reference Chart

                          Rifles and
                          Shotguns     Handguns
                          _____________________
Permit to Purchase           No         No
Registration of Firearms     No         No
Licensing of Owner           No         No
Permit to Carry              No         No

State Constitutional Provision on Firearms

``That the people have a right to bear arms for the defense of themselves and the State---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.'' Chapter 1, Article 16.

Possession

No state permit is required to possess a rifle, shotgun, or handgun.

It is unlawful for a child under 16, without consent of his parent or guardian, to possess or control a handgun.

It is unlawful to possess a zip gun. It is generally agreed that a zip gun is a crude homemade firearm.

Purchase

No permit is required to purchase a rifle, shotgun, or handgun.

Dealers are required to keep a record of all handgun sales, and used handgun purchases. This record must include the date of the transaction, the marks of identification of the handgun, including manufacturer's name, caliber, model and serial number, the purchaser's or seller's name, address, birthplace, occupation, age, height, weight, and color of eyes and hair. The purchaser or seller shall sign his name to the record and the dealer must keep such records in a book for six years after the date of the last entry and shall permit law enforcement officers to inspect the book at all reasonable times.

It is unlawful to sell or offer to sell a zip gun.

Carrying

It is lawful to carry a firearm openly or concealed provided the firearm is not carried with the intent or avowed purpose of injuring a fellow man.

It is unlawful to carry a firearm within any state institution or upon the grounds or lands owned or leased by such institution.

It is unlawful for a student to carry or possess a firearm ``upon a school.'' The board of school directors may authorize the use of firearms for instructional purposes when facilities for such instruction are available.

It is unlawful to carry or possess a loaded rifle or shotgun in or on a motor vehicle within the right of way of a public highway. Exempt are law enforcement officers and hunters who are paraplegic or have a ``severe physical disability'' and have been issued a permit by the fish and game commissioner.

It is unlawful, without authorization from the court, to carry or possess a firearm while within a courthouse.

Antiques and Replicas

Vermont laws are silent on the subject of antiques and replicas. However, an opinion of the Attorney General holds that handguns defined as antiques or replicas under the 1968 Gun Control Act need not be entered in the sales records as long as they do not fire conventional ammunition.

Machine Guns

It is lawful to possess, purchase, or sell a machine gun that is legally registered and possessed in compliance with all federal laws and regulations.

Miscellaneous Provisions

The possession, ownership, transfer, carrying, or registration or licensing of firearms or ammunition has been preempted by state law. It is unlawful to discharge a firearm within land marked as a safety zone without advance permission of the owner or occupant.

Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.

                  Compiled by:
        NRA Institute for Legislative Action
              11250 Waples Mill Road
              Fairfax, Virginia 22030

   (c)  1995, NRA Institute for Legislative Action.

NS 01420                             Rev. 5/95 5M