Vermont's Gun Laws: Constitutional Carry And Beyond

does vermont allow constitutional carry

Vermont is a does-not-issue constitutional carry state, meaning it does not require a permit to carry a weapon on one's person, openly or concealed. This is known as constitutional carry in the U.S. and reflects the view that the Second Amendment to the U.S. Constitution does not restrict gun rights, including the right to carry or bear arms. Vermont is the only state where this has always been the case, with some sources stating that Vermont has been a constitutional carry state since 1793. While Vermont does not require permits for carrying firearms, it does have laws regulating the sale, possession, and use of firearms and ammunition. For example, Vermont law requires background checks for private sales and sets the minimum age to purchase firearms at 21, or 16 if purchasing a long gun from a non-federally licensed firearm dealer with a certificate of completion of a hunter safety course.

Characteristics Values
Constitutional carry allowed Yes
Permit required No
Permit reciprocity agreements No
Open carry allowed Yes
Minimum age for open carry 18
Minimum age for concealed carry 18
Minimum age to purchase firearms 21 (16 for long guns)
Background checks required for private sales Yes
High-capacity magazines banned Yes
Bump stocks banned Yes
Police can seize guns from high-risk individuals Yes

cycivic

Vermont is a 'does-not-issue' state

Vermont is a "does-not-issue" state, which means it does not issue permits for carrying a firearm. Vermont is a constitutional carry state, allowing any person who is legally allowed to handle a firearm the right to open or concealed carry without a permit. Vermont law does not distinguish between residents and non-residents of the state; both have the right to carry without prior state approval while in Vermont.

Vermont does not require permits to purchase firearms and has no firearms registration. All gun sales must be completed through a licensed firearms dealer unless the transfer is to a family member. Buyers under 21 years old must have completed a Vermont hunters' course (or equivalent) or be a member or former member of the military, active or veteran member of the National Guard, or law enforcement. Vermont raised the minimum age to purchase firearms to 21 in 2018, although 16-year-olds can buy long guns without a license if they present a certificate of completion of a hunter safety course approved by the Vermont Commissioner of Fish and Wildlife.

Vermont has some of the least restrictive gun control laws in the country. The state's constitution supports the right of a person to walk (fish and hunt) on any unposted, unfenced land. That is, trespass must be proven by the owner; it is not automatically assumed. The Vermont Supreme Court, in 1903, held that an individual had the right, under the Vermont Constitution, to carry a weapon, openly or concealed, for self-defence.

Vermont does not have a Castle Doctrine or a "stand your ground" law. However, courts have consistently ruled that there is no duty to retreat when attacked in one's dwelling. The state's statutes restrict where civilians may carry firearms, such as courthouses, schools, and school buses, but not how they may carry them. The only exception is in Title 10, which prohibits carrying or possessing a loaded long gun in or on a vehicle.

cycivic

No permit is required to carry a firearm

Vermont is a "does-not-issue" constitutional carry state, meaning it does not require a permit to carry a firearm. 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. Vermont is the only state where this has always been the case, with this right being explicitly stated in its constitution since 1793.

Vermont does not require permits to purchase firearms, and there is no firearms registration. Both open carry and concealed carry are legal without a permit in Vermont. Any person 16 or older (although federal law requires the age to be 18) who can legally possess a firearm is allowed to carry openly or concealed. The Vermont Statutes restrict where civilians may carry firearms, such as courthouses, schools, and school buses, but not how they may carry them. The only exception to this is in Title 10, which states that a "person shall not carry or possess while in or on a vehicle" a loaded long gun, but makes no mention of "openly" or "concealed."

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 someone who is not a federally licensed firearm dealer and the purchaser has completed a hunter safety course approved by the Vermont Commissioner of Fish and Wildlife), banning the sale of handgun magazines that hold more than 15 rounds and rifle magazines that hold more than 10 rounds, banning the possession of bump stocks, and allowing police to seek a court order to seize guns from anyone deemed an extreme risk.

The USCCA recommends that anyone who chooses to carry a concealed firearm obtain as much training as possible to be a responsibly armed American.

cycivic

No distinction between residents and non-residents

Vermont is a "does-not-issue" constitutional carry state. This means that Vermont does not issue permits for carrying a firearm, and there is no application process. Vermont law does not distinguish between residents and non-residents of the state; both have the same right to carry a firearm without prior state approval while in Vermont. Vermont is the only state where this has always been the case, and it is, therefore, known as "Vermont carry".

Vermont's constitution states that "the people have a right to bear arms for the defence of themselves and the State — and 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". This is reflected in US law under the Second Amendment, which does not abide by restrictions on gun rights, including the right to carry or bear arms.

Vermont law mandates that all gun sales must be facilitated through licensed firearm dealers unless the sale happens between family members. Buyers under 21 years old must have completed a Vermont hunters' course or be a member or former member of the military, active or veteran member of the National Guard, or law enforcement. There is no requirement to have a concealed carry permit to purchase firearms and there is no firearms registration.

Vermont does not have a Castle Doctrine or a "stand your ground" law. However, courts have consistently ruled that there is no duty to retreat when attacked in one's dwelling. Vermont restricts where civilians may carry firearms, such as courthouses, schools, and school buses, but not how they may carry them.

cycivic

Minimum age to carry a firearm is 18

Vermont is a constitutional carry state, which means that it does not issue permits for carrying a firearm. The state allows any person who is legally allowed to handle a firearm the right to open or concealed carry without a permit. Vermont law does not distinguish between residents and non-residents of the state; both have the same right to carry without prior state approval.

In 2018, Vermont raised the minimum age to purchase firearms to 21, or 16 if the buyer has completed a hunter safety course or is a member of the military or law enforcement. However, federal law requires buyers to be at least 18 years old. This means that the minimum age to carry a firearm in Vermont is 18.

Vermont law allows any person aged 16 or older to possess a handgun without the consent of a parent or guardian. There is no minimum age to possess a rifle or shotgun in Vermont. However, it is important to note that Vermont law prohibits the sale of firearms to anyone under 21, with some exceptions for those in law enforcement or the military.

While Vermont does not require a permit to carry a firearm, there are restrictions on where civilians may carry them. For example, it is prohibited to carry firearms into courthouses, schools, and federal buildings. Additionally, Vermont law states that a "person shall not carry or possess while in or on a vehicle" a loaded long gun.

It is important to stay up to date with Vermont's gun laws, as they are subject to change. While this information is a useful guide, it should not be taken as legal advice. For specific legal questions, it is recommended to consult a lawyer.

cycivic

Background checks are required for private sales

Vermont is a "does-not-issue" constitutional carry state, meaning it does not require a permit to carry a weapon on one's person, openly or concealed. This is known as constitutional carry. The state has no firearms registration, and both residents and non-residents of Vermont have the same right to carry without prior state approval. Vermont law does, however, restrict where civilians may carry firearms, such as courthouses, schools, and school buses.

In 2018, Vermont enacted laws requiring background checks for private sales. This legislation also raised the minimum age to purchase firearms to 21, banning the sale of handgun magazines that hold more than 15 rounds, and rifle magazines that hold more than 10 rounds. The law also banned the possession of bump stocks and allowed police to seek a court order to seize guns from anyone deemed an extreme risk.

The background check requirement for private sales in Vermont is a significant development in the state's gun control laws. While Vermont has a long history of permitting constitutional carry, with no restrictions on the right to bear arms, the introduction of background checks adds a layer of regulation to private gun sales. This means that individuals seeking to purchase a firearm from a private seller must undergo a background check to ensure they are legally allowed to possess a firearm.

The specific process and requirements for background checks in Vermont are outlined in the state's gun laws and regulations. These laws likely include provisions for submitting necessary information, such as personal and criminal history details, and may involve a waiting period while the background check is conducted. By implementing background checks, Vermont joins a growing number of states that have taken steps to balance the right to bear arms with measures to enhance public safety and prevent firearms from falling into the wrong hands.

While the addition of background checks for private sales represents a shift in Vermont's gun control landscape, it is important to note that the state still maintains its core commitment to constitutional carry. Individuals who pass the necessary background checks and meet the legal requirements are permitted to carry firearms without a permit, reflecting Vermont's longstanding recognition of the right to bear arms for self-defence and state defence.

Frequently asked questions

Yes, Vermont is a "'does-not-issue' constitutional carry state.

Vermont state law does not distinguish between the open or concealed carry of any firearm. Vermont does not require a permit to carry a weapon on one's person, openly or concealed. Vermont is the only state where this has always been the case.

Vermont law restricts where civilians may carry firearms, such as courthouses, schools, and school buses. The minimum age to purchase firearms in Vermont is 21, or 16 if purchasing a long gun from someone who is not a federally licensed firearm dealer and the purchaser has completed a hunter safety course.

Written by
Reviewed by
Share this post
Print
Did this article help you?

Leave a comment