Vermont's Constitutional Carry: A Long-Standing Gun Right

how long has vermont had constitutional carry

Vermont has always been the only US state to allow constitutional carry of a handgun without a permit. The state has no provision for issuing concealed-carry licenses, as it has never been constitutionally allowed or required. Vermont's gun laws are rooted in its history, with groups like Gun Owners of America advocating for a Vermont-style CCW law nationally. The state's constitution and court decisions have prevented restrictions on how one can carry a firearm, with Article I, Section 16 of the Constitution of Vermont stating that the people have a right to bear arms for the defence of themselves and the State. While Vermont has historically been very permissive regarding gun laws, the political tides are changing, with the state recently passing laws to limit firearm purchases and regulate ammunition.

Characteristics Values
Constitutional carry status Vermont is a constitutional carry state
Permit requirement No permit required for open or concealed carry
Applicability to residents and non-residents Both residents and non-residents can carry without a permit
Age restriction No age limit stated, but federal law requires individuals to be 18 or older
Background checks Required for private sales
Minimum age to purchase firearms 21 (16 if purchasing a long gun and the buyer has completed a hunter safety course approved by the Vermont Commissioner of Fish and Wildlife)
Sale of high-capacity magazines Banned
Possession of bump stocks Banned
Police authority Police can seek a court order to seize guns from anyone deemed an extreme risk
Locations where firearms are prohibited Courthouses, schools, school buses, and federal property

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Vermont's gun laws

Vermont has historically had very few gun control laws. The state has never required a permit to carry a weapon, openly or concealed, and this has been known as "constitutional carry" or "Vermont carry". 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.

However, in 2018, Vermont 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 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.

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Vermont's gun-rights advocacy

Vermont has long been known for its permissive gun laws and has been referred to as a gun-rights paradise. It is the only state that has always allowed constitutional carry, or carrying a firearm without a permit. This applies to both residents and non-residents of the state, as well as to both open and concealed carry.

Vermont's history also played a role in shaping its gun culture. In the 1770s, Vermonters successfully campaigned to keep their lands independent from New York's provincial government. Ethan Allen and his brother Ira led this campaign, which involved more rhetoric than bloodshed but also required a show of force at times.

Despite its permissive gun laws, Vermont has recently begun to pass laws that regulate firearms. In 2018, the state enacted laws requiring background checks for private sales, raising the minimum age to purchase firearms to 21, banning the sale of high-capacity magazines, banning the possession of bump stocks, and allowing police to seize guns from individuals deemed an extreme risk. Vermont also has restrictions on where civilians may carry firearms, such as courthouses, schools, and federal properties.

Vermont's gun-rights advocates are proud of their state's legacy and tend to have a strong sense of history. The state's gun laws continue to evolve, with recent laws indicating a shift towards more regulation and potentially less permissiveness over time.

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Vermont's gun laws compared to other states

Vermont has historically had very few gun control laws. The state neither issues nor requires a permit to carry a weapon, openly or concealed, and this applies to both residents and non-residents. This is known as "constitutional carry", reflecting the view that the Second Amendment does not abide by restrictions on gun rights. Vermont is the only state where this has always been the case, and so it is also called "Vermont carry".

Vermont's gun laws are unique in the US, with the state constitution and court decisions preventing restrictions on how a firearm may be carried. However, this does not mean that Vermont has no gun laws. In 2018, the state enacted laws requiring background checks for private sales, raising the minimum age to purchase firearms to 21, banning the sale of certain magazines, banning the possession of bump stocks, and allowing police to seize guns from anyone deemed an extreme risk.

Vermont's gun laws are often compared to those of other states. For example, in 2015, New Hampshire considered a bill that would repeal licensing requirements for carrying a concealed handgun, mirroring Vermont's laws. In 2022, Georgia became the 22nd state to pass constitutional carry legislation, allowing residents and non-residents to carry handguns, long guns, and other weapons, openly or concealed, without a permit.

Vermont's gun laws have been influenced by the state's rural character, hunting and outdoor sports traditions, and low homicide rate. However, the state has seen a high rate of gun-related suicides, leading to the enactment of a comprehensive suicide prevention package in 2023. Vermont has also seen attempts at local gun control, such as Burlington's 2013 ordinance banning assault weapons, although this was never fully enacted due to state preemption of local restrictions.

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Vermont's gun laws in other states

Vermont has historically had permissive gun laws, with no restrictions on how one could carry a firearm. This has been known as "constitutional carry" or "Vermont carry", and has been in place since the state's inception. Vermont's gun laws are unique in that they do not distinguish between residents and non-residents, with both groups having the same right to carry without prior state approval. The state's rural character, strong hunting and outdoor sports traditions, and low homicide rate have contributed to its permissive gun policies.

However, in 2018, Vermont enacted new gun control laws, including background checks for private sales, a raised minimum age of 21 for purchasing firearms (16 for long guns with a valid hunting license), a ban on the sale of high-capacity magazines, a ban on bump stocks, and allowing police to seize guns from those deemed an extreme risk. These laws brought Vermont closer in line with other states, though it remains unique in its lack of restrictions on the method of carrying a firearm.

Vermont's gun laws have had an influence on other states, with gun rights advocates in New Hampshire, for example, pushing for similar legislation. The term "Vermont-style CCW law" was used by gun rights groups to describe their desired national solution. The state's gun laws have also been a source of pride for Vermont gun-rights advocates, who tend to have a strong sense of history.

While Vermont has historically allowed constitutional carry, other states have more recently adopted similar legislation. As of 2022, 22 states have constitutional permitless carry legislation in effect, with Georgia being the 22nd state to do so. These laws allow residents and non-residents to carry handguns, long guns, and other weapons, openly or concealed, without a permit. However, some states, like Georgia, have residency requirements for out-of-state permit holders.

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Vermont's gun laws and their history

Vermont has historically had very few gun control laws. The state's constitution includes a right-to-bear-arms provision, which is identical to that of Pennsylvania and is indistinguishable from those in many other early state constitutions.

Vermont is the only state that has always allowed "constitutional carry", meaning the right to carry a handgun without a government permit. This applies to both residents and non-residents over the age of 16 who can legally own a firearm. The state does not distinguish between the open or concealed carry of any firearm, and 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.

In 1903, the Vermont Supreme Court held that an individual had the right, under the Vermont Constitution, to carry a weapon, openly or concealed, for self-defence. However, the Vermont Statutes do restrict where civilians may carry firearms, such as courthouses, schools, and school buses.

In 2018, Vermont 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 completion of 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.

In 2023, the Vermont legislature enacted a comprehensive suicide prevention package that included requiring secure storage of firearms, a waiting period for firearm purchases, and strengthened its Extreme Risk law.

Frequently asked questions

Vermont has always been a constitutional carry state, and is the only state where this has always been the case.

Article I, Section 16 of the Constitution of Vermont 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."

No, Vermont does not issue concealed carry permits. While this simplifies the process for carrying a firearm within the state, it also means that Vermont residents must apply for a non-resident permit to carry a firearm in other states.

Yes, there are some restrictions on where civilians may carry firearms in Vermont, such as courthouses, schools, and school buses. Additionally, individuals are not permitted to carry or possess a loaded long gun in or on a vehicle. In 2018, Vermont also enacted laws banning the possession of bump stocks and high-capacity magazines, and restricting the sale of firearms to those aged 21 and above.

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