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Vermont Gun Laws

last updated: October 27, 2016

Gun laws are posted here as a courtesy only and are updated as often as possible. Please check with the actual state website for any additions / revisions to law that may have been made. Up to date information can be found at http://legislature.vermont.gov/statutes/.

Vermont Constitution Chapter 1, Article 16

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.

TITLE 10 - CONSERVATION AND DEVELOPMENT

PART 4 - FISH AND WILDLIFE CONSERVATION

CHAPTER 113 - Game

§10.113.4701 - Use of gun, bow and arrow; legal day; dogs

A person shall not take game except with a gun fired at arm's length or with a bow and arrow, unless otherwise provided. A person shall not take game between one-half hour after sunset and one-half hour before sunrise unless otherwise provided. A person may take game and fur-bearing animals during the open season therefor, with the aid of a dog, unless otherwise prohibited.

HISTORY: Added 1961, No. 119, §1, eff. May 9, 1961; amended 1997, No. 99 (Adj. Sess.), §6.

§10.113.4703 - Use of set guns; recovery for damage

A person shall not at any time set or use any device, the object of which is to discharge a firearm for the purpose of taking any wild animal. A person violating this section shall be liable for twice the amount of damage caused by his or her act to be recovered by a person damaged thereby, in a civil action on this section.

HISTORY: Added 1961, No. 119, §1, eff. May 9, 1961.

§10.113.4704 - Use of machine guns and autoloading rifles

A person engaged in hunting for wild animals shall not use, carry, or have in his or her possession a machine gun of any kind or description or an autoloading rifle with a magazine capacity of over six cartridges, except a .22 caliber rifle using rim fire cartridges.

HISTORY: Added 1961, No. 119, §1, eff. May 9, 1961.

§10.113.4705 - (2014) Shooting from motor vehicles or aircraft; shooting from or across highway; permit
  1. A person shall not take, or attempt to take, a wild animal by shooting from a motor vehicle, motorboat, airplane, snowmobile, or other motor propelled craft or any vehicle drawn by a motor propelled vehicle except as permitted under subsection (e) of this section.
  2. A person shall not carry or possess while in or on a vehicle propelled by mechanical power or drawn by a vehicle propelled by mechanical power within the right of way of a public highway a rifle or shotgun containing a loaded cartridge or shell in the chamber, mechanism, or in a magazine, or clip within a rifle or shotgun, or a muzzle-loading rifle or shotgun that has been charged with powder and projectile and the ignition system of which has been enabled by having an affixed or attached percussion cap, primer, battery, or priming powder, except as permitted under subsections (d) and (e) of this section. A person who possesses a rifle or shotgun in or on a vehicle propelled by mechanical power, or drawn by a vehicle propelled by mechanical power within a right of way of a public highway shall upon demand of an enforcement officer exhibit the firearm for examination to determine compliance with this section.
  3. A person while on or within 25 feet of the traveled portion of a public highway, except a public highway designated Class 4 on a town highway map, shall not take or attempt to take any wild animal by shooting a firearm, a muzzle loader, a bow and arrow, or a crossbow. A person while on or within the traveled portion of public highway designated Class 4 on a town highway map shall not take or attempt to take any wild animal by shooting a firearm, a muzzle loader, a bow and arrow, or a crossbow. A person shall not shoot a firearm, a muzzle loader, a bow and arrow, or a crossbow over or across the traveled portion of a public highway, except for a person shooting over or across the traveled portion of a public highway from a sport shooting range, as that term is defined in section 5227 of this title, provided that:
    1. the sport shooting range was established before January 1, 2014; and
    2. the operators of the sport shooting range post signage warning users of the public highway of the potential danger from the sport shooting range.
  4. This section shall not restrict the possession or use of a loaded firearm by an enforcement officer in performance of his or her duty.
  5. Subsections (a) and (c) of this section shall not apply to a licensed hunter who is a paraplegic or is certified by a physician to be unable to pursue game because of permanent severe physical disability, if he or she obtains a permit as provided in this subsection. The Commissioner on receipt of satisfactory proof of the disability of an applicant may issue a permit under this subsection. This permit shall be attached to the license, and shall remain in effect until the death of the holder, unless the Commissioner has reason to believe the permit is misused. The holder of the permit shall carry it at all times while hunting, and shall produce it on demand for inspection by any game warden or other law enforcement officer authorized to make arrests. The holder of the permit may take game from a vehicle or boat but only if it is stationary and is not within 10 feet of the traveled portion of a public highway. In no event shall the holder of a permit shoot across the traveled portion of a public highway.
  6. The phrase "public highway," as used in this section, means roads, including Class 4 roads, shown on the highway maps of the respective towns, made by the Agency of Transportation, but does not include foot trails or private roads.

HISTORY: Added 1961, No. 119, §1, eff. May 9, 1961; amended 1967, No. 279 (Adj. Sess.), §1, eff. March 12, 1968; 1969, No. 35; 1973, No. 178 (Adj. Sess.), §2; 1977, No. 103, §2, eff. May 6, 1977; 1977, No. 143 (Adj. Sess.); 1991, No. 13, §4; 1997, No. 99 (Adj. Sess.), §7; 2003, No. 163 (Adj. Sess.), §15a; 2007, No. 97 (Adj. Sess.), §3; 2013, No. 78, §12a; 2014, No. 116, §8.

§10.113.4710 - Safety zone; shooting prohibited
  1. A person may on land owned or occupied by him or her and within 500 feet of any occupied dwelling house, residence, or other building or camp occupied by human beings, or any barn, stable, or other building used in connection therewith, maintain posters furnished by the fish and wildlife department not less than 12 inches wide and 18 inches high containing the words "safety zone, shooting prohibited." An area bounded by such posters placed at each corner, and not more than 200 feet apart on the boundaries shall be considered enclosed land for the purpose of this section and is hereby defined as a "safety zone." Without advance permission of the owner or occupant, a person shall not discharge a firearm within or take a wild animal that is within a "safety zone" as defined herein.
  2. Any person who violates a provision of this section shall be fined $50.00.

HISTORY: Added 1967, No. 40,§§1, 2, eff. March 16, 1967; amended 1983, No. 158 (Adj. Sess.), eff. April 13, 1984; 1991, No. 13, §5.

TITLE 13 - CRIMES AND CRIMINAL PROCEDURE

PART 1 - CRIMES

CHAPTER 53 - Homicide

§13.53.2305 - Justifiable homicide

If a person kills or wounds another under any of the circumstances enumerated below, he or she shall be guiltless:

  1. In the just and necessary defense of his or her own life or the life of his or her husband, wife, parent, child, brother, sister, master, mistress, servant, guardian or ward; or
  2. In the suppression of a person attempting to commit murder, sexual assault, aggravated sexual assault, burglary or robbery, with force or violence; or
  3. In the case of a civil officer; or a military officer or private soldier when lawfully called out to suppress riot or rebellion, or to prevent or suppress invasion, or to assist in serving legal process, in suppressing opposition against him or her in the just and necessary discharge of his or her duty.

HISTORY: Amended 1983, No. 23, §2.

CHAPTER 81 - Trespass And Malicious Injuries To Property

§13.81.3705 - Unlawful trespass
  1. A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he or she enters or remains on any land or in any place as to which notice against trespass is given by:
    1. Actual communication by the person in lawful possession or his or her agent or by a law enforcement officer acting on behalf of such person or his or her agent; or
    2. Signs or placards so designed and situated as to give reasonable notice.
  2. Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.
  3. A person who enters a building other than a residence, whose normal access is locked, or a residence in violation of an order of any court of competent jurisdiction in this state shall be imprisoned for not more than one year or fined not more than $500.00, or both.
  4. A person who enters a dwelling house, whether or not a person is actually present, knowing that he or she is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both.

HISTORY: Added 1969, No. 156 (Adj. Sess.); amended 1971, No. 229 (Adj. Sess.), §1; 1973, No. 109, §7; 1979, No. 153 (Adj. Sess.), §2; 1981, No. 223 (Adj. Sess.), §§17, 23.

CHAPTER 85 - Weapons

§13.85.4001 - Slung shot, blackjack, brass knuckles-Use or possession

A person who uses a slung shot, blackjack, brass knuckles or similar weapon against another person, or attempts so to do, or who possesses a slung shot, blackjack, brass knuckles, or similar weapon, with intent so to use it, shall be imprisoned not more than five years or fined not more than $ 1,000.00 or both. The provisions of this section do not apply to a law enforcement officer as to the possession and use of a blackjack, billy club or night stick.

§13.85.4002 - Manufacture, sale, etc.

A person within the state who manufactures or causes to be manufactured, or sells or gives away or parts with, or offers so to do, or keeps for sale or gift, a slung shot, blackjack, brass knuckles or similar weapon, shall be imprisoned not more than two years or fined not more than $500.00, or both. This section shall not apply to the manufacture of a blackjack, billy club or nightstick for a law enforcement officer or the sale or gift thereto. (Amended 1981, No. 223 (Adj. Sess.), §23.)

§13.85.4003 - Carrying dangerous weapons

A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man, or who carries a dangerous or deadly weapon within any state institution or upon the grounds or lands owned or leased for the use of such institution, without the approval of the warden or superintendent of the institution, shall be imprisoned not more than two years or fined not more than $ 200.00, or both.

§13.85.4004 - Possession of dangerous or deadly weapon in a school bus or school building or on school property
  1. No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this section shall, for the first offense, be imprisoned not more than one year or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.
  2. No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. A person who violates this section shall, for the first offense, be imprisoned not more than two years or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.
  3. This section shall not apply to:
    1. A law enforcement officer while engaged in law enforcement duties.
    2. Possession and use of firearms or dangerous or deadly weapons if the board of school directors, or the superintendent or principal if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.
  4. As used in this section:
    1. "School property" means any property owned by a school, including motor vehicles.
    2. "Owned by the school" means owned, leased, controlled or subcontracted by the school.
    3. "Dangerous or deadly weapon" has the meaning defined in section 4016 of this title.
    4. "Firearm" has the meaning defined in section 4016 of this title.
    5. "Law enforcement officer" has the meaning defined in section 4016 of this title.
  5. The provisions of this section shall not limit or restrict any prosecution for any other offense, including simple assault or aggravated assault.

HISTORY: Amended 1989, No. 143 (Adj. Sess.), §1; 1999, No. 113 (Adj. Sess.), §11.

§13.85.4005 - While committing a crime

Except as otherwise provided in 18 V.S.A. §4253, a person who carries a dangerous or deadly weapon, openly or concealed, while committing a felony shall be imprisoned not more than five years or fined not more than $500.00, or both.

HISTORY: Amended 1967, No. 296 (Adj. Sess.), §1, eff. March 20, 1968; 2011, No. 121 (Adj. Sess.), §4, eff. May 9, 2012.

§13.85.4006 - Record of firearm sales

All pawnbrokers and retail merchants dealing in firearms shall keep a record book in which they shall record the sale by them of all revolvers and pistols, and the purchase by them of all secondhand revolvers and pistols. Such record shall include the date of the transaction, the marks of identification of the firearm, including the manufacturer's name, the caliber, model and manufacturer's number of the firearm, the name, address, birthplace, occupation, age, height, weight and color of eyes and hair of the purchaser or seller. Such purchaser or seller shall sign his or her name to the record and the pawnbroker or merchant shall preserve such record book for six years after the date of last entry and shall permit all enforcement officers to inspect the same at all reasonable times. A person, partnership or corporation who violates a provision of this section shall be fined not more than $100.00.

§13.85.4007 - Furnishing firearms to children

A person, firm or corporation, other than a parent or guardian, who sells or furnishes to a minor under the age of 16 years a firearm or other dangerous weapon or ammunition for firearms shall be fined not more than $50.00 nor less than $10.00. This section shall not apply to an instructor or teacher who furnishes firearms to pupils for instruction and drill.

§13.85.4008 - Possession of firearms by children

A child under the age of 16 years shall not, without the consent of his or her parents or guardian, have in his or her possession or control a pistol or revolver constructed or designed for the use of gunpowder or other explosive substance with leaden ball or shot. A child who violates a provision of this section shall be deemed a delinquent child under the provisions of chapter 52 of Title 33.

§13.85.4009 - Negligent use of gun

A person who carelessly or negligently wounds another person by gunshot shall be imprisoned not more than five years or fined not more than $1,000.00, or both.

HISTORY: Amended 1971, No. 199 (Adj. Sess.), §15.

§13.85.4010 - Gun silencers

A person who manufactures, sells, uses, or possesses with intent to sell or use an appliance known as or used for a gun silencer shall be fined $25.00 for each offense. The provisions of this section shall not prevent the use or possession of gun silencers by:

  1. a certified, full-time law enforcement officer or department of fish and wildlife employee in connection with his or her duties and responsibilities and in accordance with the policies and procedures of that officer's or employee's agency or department; or
  2. the Vermont National Guard in connection with its duties and responsibilities.

HISTORY: Amended 2009, No. 154 (Adj. Sess.), §238f, eff. June 3, 2010.

§13.85.4011 - Aiming gun at another

Any person who shall intentionally point or aim any gun, pistol or other firearm at or towards another, except in self-defense or in the lawful discharge of official duty, shall be punished by fine not exceeding $50.00. Any person who shall discharge any such firearm so intentionally aimed or pointed shall be punished by imprisonment for not more than one year or fined not more than $100.00, or both.

§13.85.4012 - Reporting treatment of firearm wounds
  1. Every physician attending or treating a case of bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or whenever such case is treated in a hospital, sanitarium or other institution, the manager, superintendent or other person in charge shall report such case at once to local law enforcement officials or the state police. The provisions of this section shall not apply to such wounds, burns or injuries received by a member of the armed forces of the United States or state of Vermont while engaged in the actual performance of duty.
  2. A person violating the provisions of this section shall be fined not more than $100.00.
§13.85.4013 - Zip guns; switchblade knives

A person who possesses, sells or offers for sale a weapon commonly known as a "zip" gun, or a weapon commonly known as a switchblade knife, the blade of which is three inches or more in length, shall be imprisoned not more than 90 days or fined not more than $100.00, or both.

HISTORY: 1959, No. 151, eff. May 5, 1959; amended 1981, No. 223 (Adj. Sess.), §23.

§13.85.4014 - Purchase of firearms in other states

Residents of the state of Vermont may purchase rifles and shotguns in another state, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Vermont and in the state in which the purchase is made.

HISTORY: Added 1969, No. 108, §1, eff. April 19, 1969; amended 2009, No. 54, §86, eff. June 1, 2009.

§13.85.4015 - Purchase of firearms by nonresidents

Residents of a state other than the state of Vermont may purchase rifles and shotguns in the state of Vermont, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the United States Bureau of Alcohol, Tobacco, Firearms and Explosives, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Vermont and in the state in which such persons reside.

HISTORY: Added 1969, No. 108, §2, eff. April 19, 1969; amended 2009, No. 54, §87, eff. June 1, 2009.

§13.85.4016 - Weapons in court
  1. As used in this section:
    1. "Courthouse" means a building or any portion of a building designated by the supreme court of Vermont as a courthouse.
    2. "Dangerous or deadly weapon" means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
    3. "Firearm" means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun.
    4. "Law enforcement officer" means a person certified by the Vermont criminal justice training council as having satisfactorily completed the approved training programs required to meet the minimum training standards applicable to that person pursuant to 20 V.S.A. §2358.
    5. "Secured building" means a building with controlled points of public access, metal screening devices at each point of public access, and locked compartments, accessible only to security personnel, for storage of checked firearms.
  2. A person who, while within a courthouse and without authorization from the court,
    1. carries or has in his or her possession a firearm; or
    2. knowingly carries or has in his or her possession a dangerous or deadly weapon, other than a firearm, shall be imprisoned not more than one year or fined not more than $500.00, or both.
  3. Notice of the provisions of subsection (b) of this section shall be posted conspicuously at each public entrance to each courthouse.
  4. No dangerous or deadly weapon shall be allowed in a courthouse that has been certified by the court administrator to be a secured building.

HISTORY: Added 1993, No. 45, §1, eff. June 2, 1993.

§13.85.4017 - (2015) Persons Prohibited From Possessing Firearms; Conviction Of Violent Crime
  1. A person shall not possess a firearm if the person has been convicted of a violent crime.
  2. A person who violates this section shall be imprisoned not more than two years or fined not more than $1,000.00, or both.
  3. This section shall not apply to a person who is exempt from federal firearms restrictions under 18 U.S.C. §925(c).
  4. As used in this section:
      1. "Firearm" means:
        1. any weapon (including a starter gun) which will or is designed to or may readily be converted to expel a projectile by the action of an explosive;
        2. the frame or receiver of any such weapon; or
        3. any firearm muffler or firearm silencer.
      2. "Firearm" shall not include an antique firearm.
    1. "Antique firearm"means:
      1. Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.
      2. Any replica of any firearm described in subdivision (A) of this subdivision (2) if the replica:
        1. is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
        2. uses rimfire or conventional centerfire fixed ammunition that is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade.
      3. Any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol which is designed to use black powder or a black powder substitute and which cannot use fixed ammunition. As used in this subdivision (C), "antique firearm"shall not include a weapon which incorporates a firearm frame or receiver, a firearm which is converted into a muzzle loading weapon, or any muzzle loading weapon which can be readily converted to fire fixed ammunition by replacing the barrel, bolt, breechblock, or any combination thereof.
    2. "Violent crime" means:
        1. A listed crime as defined in subdivision 5301(7) of this title other than:
          1. lewd or lascivious conduct as defined in section 2601 of this title;
          2. recklessly endangering another person as defined in section 1025 of this title;
          3. operating a vehicle under the influence of intoxicating liquor or other substance with either death or serious bodily injury resulting as defined in 23 V.S.A. § 1210(f) and (g);
          4. careless or negligent operation resulting in serious bodily injury or death as defined in 23 V.S.A. § 1091(b);
          5. leaving the scene of an accident resulting in serious bodily injury or death as defined in 23 V.S.A. § 1128(b) or (c); or
          6. a misdemeanor violation of chapter 28 of this title, relating to abuse, neglect, and exploitation of vulnerable adults; or
        2. a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. §922(g)(1) or 18 U.S.C. §921(a)(20).
      1. An offense involving sexual exploitation of children in violation of chapter 64 of this title, or a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. §922(g)(1) or 18 U.S.C. §921(a)(20).
      2. A violation of 18 V.S.A. §4231(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking cocaine); 4232(b)(2) or (b)(3) (selling or dispensing LSD); 4233 (b)(2), (b)(3), or (c) (selling, dispensing, or trafficking heroin); 4234(b)(2) or (b)(3) (selling or dispensing depressants, stimulants, and narcotics); 4234a(b)(2), (b)(3), or (c) (selling, dispensing, or trafficking methamphetamine); 4235(c)(2) or (c)(3) (selling or dispensing hallucinogenic drugs); 4235a(b)(2) or (b)(3) (selling or dispensing Ecstasy), or a comparable offense and sentence in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. § 922(g)(1) or 18 U.S.C. §921(a)(20).
      3. A conviction of possession with intent to distribute a controlled substance other than marijuana in another jurisdiction if the offense prohibits the person from possessing a firearm under 18 U.S.C. §922(g)(1) or 18 U.S.C. §921(a)(20).

HISTORY: Added 2015, No. 14, § 1.

Chapter 157 - Insanity As A Defense

§13.157.4824 - (2015) Reporting; National Instant Criminal Background Check System
  1. If the Court finds that a person is a person in need of treatment pursuant to section 4822 of this title, the Court Administrator shall within 48 hours report the name of the person subject to the order to the National Instant Criminal Background Check System, established by Section 103 of the Brady Handgun Violence Prevention Act of 1993. The report shall include only information sufficient to identify the person, the reason for the report, and a statement that the report is made in accordance with 18 U.S.C. §922(g)(4).
  2. A report required by this section shall be submitted notwithstanding 18 V.S.A. § 7103 or any other provision of law.
  3. A report required by this section is confidential and exempt from public inspection and copying under the Public Records Act except as provided in subsection (d) of this section. The report shall not be used for any purpose other than for submission to the National Instant Criminal Background Check System pursuant to this section, where it may be used for any purpose permitted by federal law, including in connection with the issuance of a firearm-related permit or license.
  4. A copy of the report required by this section shall be provided to the person who is the subject of the report. The report shall include written notice to the person who is the subject of the report that the person is not permitted to possess a firearm.

HISTORY: Added 2015, No. 14, §4.

§13.157.4825 - (2015) Persons Prohibited By Federal Law From Possessing Firearms Due To Mental Illness; Petition For Relief From Disability
    1. A person who is prohibited from possessing firearms by 18U.S.C. § 922(g)(4) may petition the Family Division of the Superior Court for an order that the person be relieved from the firearms disability imposed by that section. When the petition is filed the petitioner shall provide notice and a copy of the petition to the State's Attorney or the Attorney General, who shall be the respondent in the matter. The petition shall be filed in the county where the offense or the adjudication occurred.
      1. The Court shall grant a petition filed under this section without hearing if neither the State's Attorney nor the Attorney General files an objection within six months after receiving notice of the petition. If the Court grants the petition pursuant to this subdivision, the Court shall make findings and issue an order in accordance with this section.
      2. The Court shall grant the petition filed under this section without hearing if the petitioner and the respondent stipulate to the granting of the petition. The respondent shall file the stipulation with the Court, and the Court shall make findings and issue an order in accordance with this section.
  1. In determining a petition filed under this section, unless the petition is granted pursuant to subdivision (a)(2) of this subsection, the Court shall consider:
    1. the circumstances regarding the firearms disabilities imposed on the person by 18 U.S.C. § 922(g)(4);
    2. the petitioner's record, including his or her mental health and criminal history records; and
    3. the petitioner's reputation, as demonstrated by character witness statements, testimony, or other character evidence.
    1. The Court shall grant a petition filed under this section if it finds that the petitioner has demonstrated by a preponderance of the evidence that the person is no longer a person in need of treatment as defined in 18 V.S.A. § 7101(17).
    2. As the terms are used in this subsection, a finding that the person is no longer a person in need of treatment shall also mean that granting the relief will not be contrary to the public interest.
  2. If a petition filed under this section is granted, the Court shall enter an order declaring that the basis under which the person was prohibited from possessing firearms by 18 U.S.C. § 922(g)(4) no longer applies. The Court shall inform the Federal Bureau of Investigation, the U.S. Attorney General, and the National Instant Criminal Background Check System of its decision.
  3. If the Court denies the petition, the petitioner may appeal the denial to the Vermont Supreme Court. The appeal shall be on the record, and the Supreme Court may review the record de novo.
  4. If the Court denies a petition filed under this section, no further petition shall be filed by the person until at least one year after the order of the trial court, or of the Supreme Court if an appeal is taken, becomes final.
  5. At the time a petition is filed pursuant to this section, the respondent shall give notice of the petition to a victim of the offense, if any, who is known to the respondent. The victim shall have the right to offer the respondent a statement prior to any stipulation or to offer the Court a statement. The disposition of the petition shall not be unnecessarily delayed pending receipt of a victim's statement. The respondents inability to locate a victim after a reasonable effort has been made shall not be a bar to granting a petition.
  6. As used in this section, "reasonable effort" means attempting to contact the victim by first class mail at the victim's last known address and by telephone at the victim's last known telephone number.

HISTORY: Added 2015, No. 14 §7.

TITLE 20 - INTERNAL SECURITY AND PUBLIC SAFETY

CHAPTER 1 - Emergency Management

§20.1.9 - Emergency powers of governor

Subject to the provisions of this chapter, in the event of an all-hazards event in or directed upon the United States or Canada which causes or may cause substantial damage or injury to persons or property within the bounds of the state in any manner, the governor may proclaim a state of emergency within the entire state or any portion or portions of the state. Thereafter, the governor shall have and may exercise for as long as the governor determines the emergency to exist the following additional powers within such area or areas:

  1. To enforce all laws, rules and regulations relating to emergency management and to assume direct operational control of all emergency management personnel and helpers in the affected area or areas.
  2. To formulate and execute plans and regulations for the control of traffic and to coordinate the activities of the departments or agencies of the state and of the political subdivisions thereof concerned directly or indirectly with public highways and streets, in a manner which will best effectuate such plans.
  3. To prescribe the maximum rates of speed at which motor vehicles may be operated on any road, highway or street in the state; prescribe the sizes and weights of such motor vehicles; suspend the application of any statute or regulation levying or assessing any license, insofar as such statute or regulation relates to the entry into or the privilege of operation in this state of any motor vehicle, including busses or house trailers, registered in any other state and with respect to which a valid and unexpired license has been issued by the other state.
  4. To employ such measures and give such directions to the state or local boards of health as may be reasonably necessary for the purpose of securing compliance with the provisions of this chapter.
  5. To utilize the services and facilities of existing officers, and agencies of the state and of the cities and towns thereof; and all such officers and agencies shall cooperate with and extend their services and facilities to the governor as he or she may request.
  6. To use and employ within the state, from time to time, and as he or she may deem expedient, any of the property, services and resources of the state, for the purposes set forth in this chapter.
  7. To establish agencies and offices and to appoint executive, technical, clerical, and other personnel as may be necessary to carry out the provisions of this chapter.
  8. Upon the declaration of an emergency as authorized in federal legislation which includes the state of Vermont, to cooperate with the president of the United States, the army, navy, and air force, with other federal departments, agencies and independent establishments, and other states in matters pertaining to emergency management; and in connection therewith to take such action, not inconsistent with the constitution and laws of the state which he or she may deem proper to carry into effect any request of the president, the secretary of defense, the secretary of homeland security, the secretary of health and human services, and the director of the federal emergency management agency.
  9. To order the evacuation of persons living or working within all or a portion of an area for which a state of emergency has been proclaimed.
  10. As provided in 30 V.S.A. §248( l), in consultation with the chair of the public service board and the commissioner of the department of public service or their designees, to waive the prohibitions contained in 30 V.S.A. §248 upon site preparation for or construction of an electric transmission facility or a generating facility necessary to assure the stability or reliability of the electric system or a natural gas facility. Waivers issued under this subdivision shall be subject to such conditions as are required by the governor and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the governor. Upon the expiration of a waiver under this subdivision, if a certificate of public good has not been issued by the public service board under 30 V.S.A. §248, the board shall require the removal, relocation, or alteration of the facilities, subject to the waiver, as the board finds will best promote the general good of the state.
  11. In consultation with the secretary of the agency of natural resources or designee, to authorize the agency to issue temporary emergency permits, with appropriate conditions to minimize significant adverse environmental impacts, after limited or no opportunity for public comment, allowing site preparation for, construction of, or operation of an electric transmission facility or a generating facility necessary to assure the stability or reliability of the electric system or a natural gas facility. A permit issued under this subdivision shall be subject to such conditions as are required by the governor and shall be valid for the duration of the declared emergency plus 180 days, or such lesser overall term as determined by the governor. Upon the expiration of a temporary emergency permit under this subdivision, if any applicable permits have not been issued by the secretary or the commissioner of environmental conservation, the secretary may seek enforcement under applicable law.

HISTORY: Amended 1959, No. 23, §2, eff. March 6, 1959; 1983, No. 115 (Adj. Sess.), §1, eff. March 16, 1984; 1989, No. 252 (Adj. Sess.), §11; 2003, No. 82 (Adj. Sess.), §5; 2005, No. 209 (Adj. Sess.), §10.

§20.1.1.11 - Additional emergency powers

In the event of an all-hazards event, the governor may exercise any or all of the following additional powers:

  1. To authorize any department or agency of the state to lease or lend, on such terms and conditions and for such period as he or she may deem necessary to promote the public welfare and protect the interest of the state, any real or personal property of the state government or authorize the temporary transfer or employment of personnel of the state government to or by the army, navy, air force, or any other branch of the armed forces of the United States of America.
  2. To enter into a contract on behalf of the state for the lease or loan, on such terms and conditions and for such period as he or she may deem necessary to promote the public welfare and protect the interests of the state, of any real or personal property of the state government, or the temporary transfer or employment of personnel thereof to any town or city of the state. The chief executive or legislative branch of such town or city is hereby authorized for and in the name thereof to enter into said contract with the governor for the leasing or lending of such property and personnel, and the chief executive or legislative branch of such town or city may equip, maintain, utilize and operate such property except newspapers and other publications, radio stations, places of worship and assembly, and other facilities for the exercise of constitutional freedom, and employ necessary personnel therefor in accordance with the purposes for which such contract is executed; and may do all things and perform all acts which may be deemed necessary to effectuate the purpose for which such contract was entered into.
  3. To seize, take, or condemn property for the protection of the public or at the request of the president, or his or her authorized representatives including:
    1. All means of transportation;
    2. All stocks of fuel of whatever nature;
    3. Food, clothing, equipment, materials, medicines, and all supplies;
    4. Facilities, including buildings and plants; provided that neither this nor any other authority in this chapter shall be deemed to authorize the eviction of a householder and his or her family from their own home.
  4. To sell, lend, give or distribute all or any such property among the inhabitants of the state and to account to the state treasurer for any funds received for such property.
  5. To make compensation for the property so seized, taken, or condemned on the following basis:
    1. In case property is taken for temporary use, the governor, at the time of the taking, shall fix the amount of compensation to be paid therefor; and in case such property shall be returned to the owner in a damaged condition or shall not be returned to the owner, the governor shall fix the amount of compensation to be paid for such damage or failure to return. Whenever the governor shall deem it advisable for the state to take title to property taken under this section, he shall forthwith cause the owner of such property to be notified thereof in writing by registered mail, postage prepaid, and forthwith cause to be filed a copy of said notice with the secretary of state.
    2. Any owner of property of which possession has been taken under the provisions of this chapter to whom no award has been made or who is dissatisfied with the amount awarded him or her by the governor, may file a petition in the superior court within the county wherein the property was situated at the time of taking to have the amount to which he or she is entitled by way of damages or compensation determined, and thereafter either the petitioner or the state shall have the right to have the amount of such damages or compensation fixed after hearing by three disinterested appraisers appointed by said court, and who shall operate under substantive and administrative procedure to be established by the superior judges. If the petitioner is dissatisfied with the award of the appraisers, he or she may file an appeal therefrom in said court and thereafter have a trial by jury to determine the amount of such damages or compensation in such manner as the court shall provide. The court costs of a proceeding brought under this section by the owner of the property shall be paid by the state; and the fees and expenses of any attorney for such owner shall also be paid by the state after allowances by the court wherein the petition is brought in such amount as the court in its discretion shall fix. The statute of limitations shall not apply to proceedings brought by such owners of property as above provided for and during the time that any court having jurisdiction of such proceedings shall be prevented from holding its usual and stated sessions due to conditions resulting from emergencies as herein referred to.
  6. To perform and exercise such other functions, powers and duties as may be deemed necessary to promote and secure the safety and protection of the civilian population.

HISTORY: Amended 1959, No. 23, §3, eff. March 6, 1959; 1973, No. 193 (Adj. Sess.), §3, eff. April 9, 1974; 1985, No. 4, eff. March 9, 1985; 2005, No. 209 (Adj. Sess.), §12.

CHAPTER 145 - Disposition Of Unlawful Firearms

§20.145.2301 - Applicability of chapter

Notwithstanding any other provisions of law relating to the retention and disposition of evidence or lost, unclaimed, or abandoned property, the provisions of this chapter shall govern the retention or disposition or both of unlawful firearms, as defined in section 2302 of this title, in the possession of any agency, as defined in section 2302.

(Added 1983, No. 132 (Adj. Sess.).)

§20.145.2302 - Unlawful firearms; agency
  1. For purposes of this chapter, "unlawful firearms" means firearms the possession of which constitutes a violation of federal or state law and firearms carried or used in violation of any federal or state law or in the commission of any federal or state felony.
  2. For purposes of this chapter, "agency" means any state or local law enforcement agency, any state agency except the Vermont fish and wildlife department, and any local government entity.

(Added 1983, No. 132 (Adj. Sess.).)

§20.145.2303 - Delivery to commissioner of public safety
  1. Any unlawful firearm in the possession of an agency which is not needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding shall, within 30 days of its receipt by the agency, be delivered to such place and in such manner as the commissioner of public safety designates for ultimate disposition in accordance with the provisions of this chapter.
  2. Any unlawful firearm in the possession of an agency needed as evidence for or in a criminal prosecution or other judicial or administrative proceeding may be retained by the agency for such purposes and until the conclusion of such prosecution or proceeding. Upon notice to the agency from a state's attorney, other prosecuting official, or other state or federal official having jurisdiction over the subject matter that the unlawful firearm may be released, the agency shall, within 30 days of such notification, deliver the unlawful firearm to such place and in such manner as the commissioner of public safety designates for ultimate disposition in accordance with the provisions of this chapter.

(Added 1983, No. 132 (Adj. Sess.).)

§20.145.2304. Repealed. 2003, No. 122 (Adj. Sess.), § 294v(8).

§20.145.2305 - Disposition of unlawful firearms
  1. Any unlawful firearm which the commissioner of public safety determines to be unsafe or the possession of which is unlawful per se shall either be destroyed, or if the commissioner of public safety deems such to be appropriate, retained by the department of public safety for purposes of forensic science reference. In no event shall the commissioner of public safety dispose of such an unlawful firearm in any other manner or to any other person.
  2. Except as provided in section 2306 of this title, all other unlawful firearms shall either be delivered to the state treasurer as directed by him or her for disposition by public sale pursuant to the provisions of chapter 13 of Title 27, or by such other manner of sale deemed appropriate by the state treasurer, or at the discretion of the state treasurer, donated to a governmental agency or to a nonprofit organization upon the recommendation of the commissioner of fish and wildlife, or, if the commissioner of public safety deems such to be appropriate, retained by the department of public safety for purposes of forensic science reference. Notwithstanding the foregoing provision of this subsection, an unlawful firearm used in the commission of a homicide shall not be delivered to the state treasurer for disposition by public sale, but shall be disposed of only in accordance with the provisions of subsection (a) of this section or section 2306 of this title.
  3. When the firearms sold under this section have been delivered to the commissioner of public safety by a local law enforcement agency, the state treasurer shall return two-thirds of the net proceeds from the sale to the appropriate municipality.

(Added 1983, No. 132 (Adj. Sess.); amended 1995, No. 78 (Adj. Sess.), § 16; 2001, No. 80 (Adj. Sesss.), § 2.)

§20.145.2306 - Rights of innocent owner

Nothing contained in subsection 2305(b) of this title shall prejudice the rights of the bona fide owner of any unlawful firearm, the disposition of which is governed by that subsection, upon affirmative proof by him or her that he or she had no express or implied knowledge that such unlawful firearm was being or intended to be used illegally or for illegal purposes. If the bona fide owner provides reasonable and satisfactory proof of his or her ownership and of his or her lack of express or implied knowledge to the commissioner of public safety, the unlawful firearm shall be returned to him or he. If the commissioner of public safety determines that the proof offered is not satisfactory or reasonable, the person may, within 14 days, request a hearing before the state treasurer and the commissioner of public safety, jointly. The state treasurer and the commissioner of public safety shall promptly hold a hearing on any claim filed under this section, in accordance with the provisions for contested cases in chapter 25 of Title 3.

(Added 1983, No. 132 (Adj. Sess.).)

§20.145.2307 - (2015) Firearms relinquished pursuant to relief from abuse order; storage; fees; return
  1. As used in this section:
    1. "Federally licensed firearms dealer" means a licensed importer, licensed manufacturer, or licensed dealer required to conduct national instant criminal background checks under 18 U.S.C. § 922(t).
    2. "Firearm" shall have the same meaning as in 18 U.S.C. § 921(a)(3).
    3. "Law enforcement agency" means the Vermont State Police, a municipal police department, or a sheriff's department.
    1. A person who is required to relinquish firearms, ammunition, or other weapons in the person's possession by a court order issued under 15 V.S.A. chapter 21 (abuse prevention) or any other provision of law consistent with 18 U.S.C. § 922(g)(8) shall, unless the Court orders an alternative relinquishment pursuant to subdivision (2) of this subsection, upon service of the order immediately relinquish the firearms, ammunition, or weapons to a cooperating law enforcement agency or an approved federally licensed firearms dealer. As used in this subdivision, "person" means anyone who meets the definition of "intimate partner" under 18 U.S.C. § 921(a)(32) or who qualifies as a family or household member under 15 V.S.A. § 1101.
      1. The Court may order that the person relinquish the firearms, ammunition, or other weapons to a person other than a cooperating law enforcement agency or an approved federally licensed firearms dealer unless the Court finds that relinquishment to the other person will not adequately protect the safety of the victim.
      2. A person to whom firearms, ammunition, or other weapons are relinquished pursuant to subdivision (2)(A) of this subsection (b) shall execute an affidavit on a form approved by the Court Administrator stating that the person:
        1. acknowledges receipt of the firearms, ammunition, or other weapons;
        2. assumes responsibility for storage of the firearms, ammunition, or other weapons until further order of the Court, and specifies the manner in which he or she will provide secure storage of such items
        3. is not prohibited from owning or possessing firearms under State or federal law; and
        4. understands the obligations and requirements of the Court order, including the potential for the person to be subject to civil contempt proceedings pursuant to subdivision (2)(C) of this subsection (b) if the person permits the firearms, ammunition, or other weapons to be possessed, accessed, or used by the person who relinquished the item or by any other person not authorized by law to do so.
      3. A person to whom firearms, ammunition, or other weapons are relinquished pursuant to this subdivision (2)(A) of this subsection (b) shall be subject to civil contempt proceedings under 12 V.S.A. chapter 5 if the person permits the firearms, ammunition, or other weapons to be possessed, accessed, or used by the person who relinquished the item or by any other person not authorized by law to do so. In the event that the person required to relinquish the firearms, ammunition, or other weapons or any other person not authorized by law to possess the relinquished items obtains access to, possession of, or use of a relinquished item, all relinquished items shall be immediately transferred to the possession of a law enforcement agency or approved federally licensed firearms dealer pursuant to subdivision (1) of this subsection (b).
  2. A law enforcement agency or an approved federally licensed firearms dealer that takes possession of a firearm, ammunition, or other weapon pursuant to subdivision (b)(1) of this section shall photograph, catalogue, and store the item in accordance with standards and guidelines established by the Department of Public Safety pursuant to subdivision (i)(3) of this section. A firearm, ammunition, or other weapon shall not be taken into possession pursuant to this section if it is being or may be used as evidence in a pending criminal matter.
  3. Fees.
    1. A law enforcement agency that stores firearms, ammunition, or weapons pursuant to subdivision (b)(1) of this section may charge the owner a reasonable storage fee, not to exceed:
      1. $200.00 for the first firearm or weapon, and $50.00 for each additional firearm or weapon for up to 15 months, prorated on the number of months the items are stored; and
      2. $50.00 per firearm or weapon per year for each year or part thereof thereafter.
    2. A federally licensed firearms dealer that stores firearms, ammunition, or weapons pursuant to subdivision (b)(1) of this section may charge the owner a storage fee that is reasonably related to the expenses it incurs in the administration of this section. Any federally licensed firearm dealer that certifies compliance under this section shall provide a copy of its fee schedule to the Court.
    3. Fees permitted by this subsection shall not begin to accrue until after the Court issues a final relief from abuse order pursuant to 15 V.S.A. § 1103.
  4. Nothing in this section shall be construed to prohibit the lawful sale of firearms or other items.
  5. A final relief from abuse order issued pursuant to 15 V.S.A. § 1103 requiring a person to relinquish firearms, ammunition, or other weapons shall direct the law enforcement agency, approved federally licensed firearms dealer, or other person in possession of the items under subsection (b) of this section to release them to the owner upon expiration of the order if all applicable fees have been paid.
    1. A law enforcement agency, an approved federally licensed firearms dealer, or any other person that takes possession of firearms, ammunition, or weapons for storage purposes pursuant to this section shall not release the items to the owner without a court order unless the items are to be sold pursuant to subdivision (2)(A) of this subsection. If a court orders the release of firearms, ammunition, or weapons stored under this section, the law enforcement agency or firearms dealer in possession of the items shall make them available to the owner within three business days of receipt of the order and in a manner consistent with federal law. The Supreme Court may promulgate rules under 12 V.S.A. § 1 for judicial proceedings under this subsection.
        1. If the owner fails to retrieve the firearm, ammunition, or weapon and pay the applicable storage fee within 90 days of the court order releasing the items, the firearm, ammunition, or weapon may be sold for fair market value. Title to the items shall pass to the law enforcement agency or firearms dealer for the purpose of transferring ownership.
        2. The law enforcement agency or approved firearms dealer shall make a reasonable effort to notify the owner of the sale before it occurs. In no event shall the sale occur until after the Court issues a final relief from abuse order pursuant to 15 V.S.A. §1103.
        3. As used in this subdivision (2)(A), "reasonable effort" shall mean notice shall be served as provided for by Rule 4 of the Vermont Rules of Civil Procedure.
      1. Proceeds from the sale of a firearm, ammunition, or weapon pursuant to subdivision (A) of this subdivision (2) shall be apportioned as follows:
        1. unpaid storage fees and associated costs, including the costs of sale and of locating and serving the owner, shall be paid to the law enforcement agency or firearms dealer that incurred the cost; and
        2. any proceeds remaining after payment is made to the law enforcement agency or firearms dealer pursuant to subdivision (i) of this subdivision (2)(B) shall be paid to the original owner.
  6. A law enforcement agency shall be immune from civil or criminal liability for any damage or deterioration of firearms, ammunition, or weapons stored or transported pursuant to subsection (c) of this section. This subsection shall not apply if the damage or deterioration occurred as a result of recklessness, gross negligence, or intentional misconduct by the law enforcement agency.
    1. The Department of Public Safety shall be responsible for the implementation and establishment of standards and guidelines to carry out this section. To carry out this responsibility, the Department shall:
      1. Establish minimum standards to be a qualified storage location and maintain a list of qualified storage locations, including:
        1. federally licensed firearms dealers that annually certify compliance with the Departments standards to receive firearms, ammunition, or other weapons pursuant to subdivision (b)(2) of this section; and
        2. cooperating law enforcement agencies.
      2. Establish a fee schedule consistent with the fees established in this section for the storage of firearms and other weapons by law enforcement agencies pursuant to this section.
      3. Establish standards and guidelines to provide for the storage of firearms, ammunition, and other weapons pursuant to this section by law enforcement agencies. Such guidelines shall provide that:
        1. with the consent of the law enforcement agency taking possession of a firearm, ammunition, or weapon under this section, an owner may provide a storage container for the storage of such relinquished items;
        2. the law enforcement agency that takes possession of the firearm, ammunition, or weapon may provide a storage container for the relinquished item or items at an additional fee; and
        3. the law enforcement agency that takes possession of the firearm, ammunition, or weapon shall present the owner with a receipt at the time of relinquishment which includes the serial number and identifying characteristics of the firearm, ammunition, or weapon and record the receipt of the item or items in a log to be established by the Department.
      4. Report on January 15, 2015 and annually thereafter to the House and Senate Committees on Judiciary on the status of the program.

HISTORY: Added 2014, No. 191, § 20, eff. July 1, 2014; Amended 2015, No. 14, § 2.

TITLE 24 - MUNICIPAL AND COUNTY GOVERNMENT

PART 2 - MUNICIPALITIES

CHAPTER 61 - Regulatory Provisions; Police Power Of Municipalities

Subchapter 11 - Miscellaneous Regulatory Powers

§24.61.2295 - Authority of municipal and county governments to regulate firearms, ammunition, hunting, fishing and trapping

Except as otherwise provided by law, no town, city or incorporated village, by ordinance, resolution or other enactment, shall directly regulate hunting, fishing and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing or registration of traps, firearms, ammunition or components of firearms or ammunition. This section shall not limit the powers conferred upon a town, city or incorporated village under section 2291(8) of this title. The provisions of this section shall supersede any inconsistent provisions of a municipal charter.)

HISTORY: Added 1987, No. 178 (Adj. Sess.), eff. May 9, 1988.

CODE OF VERMONT RULES

AGENCY 10 - AGENCY OF ADMINISTRATION

SUB-AGENCY 050 - DEPARTMENT OF BUILDINGS AND GENERAL SERVICES

CHAPTER 003 - Rules Governing State Facilities Under The Jurisdiction Of The Department Of Buildings And General Services

10.050.003 - Rules Govering State Facilitites Under the Jurisdiction of the Department of Buildings and General services
  1. 1.0 - Authority and Application

    These rules are promulgated pursuant to 29 V.S.A. §152(14). The rules apply to all state-owned or leased land, buildings, structures, grounds and appurtenances under the jurisdiction of the Commissioner of Buildings and General Services as limited by the exceptions to jurisdiction in 29 V.S.A. §152(9) and under 29 V.S.A. Chapter 5A. These rules do not apply to State Correctional Facilities occupied by the Department of Corrections unless so designated in certain areas by the Commissioner of Corrections.

  2. 2.0 - Definitions

    "Commercial" means activities undertaken for the primary purpose of producing a profit. Activities where commercial aspects are incidental to the primary purpose of expression of ideas or advocacy of causes are not "commercial" for the purpose of these rules.

    "Commissioner" means the Commissioner of Buildings and General Services.

    "Controlled substances" is defined in Department of Personnel Policy 17.3.

    "Dangerous weapon or deadly weapon" is defined by 13 V.S.A. §4016(a)(2) and (3).

    "Designee" means any person, office or position which the Commissioner designates to enforce the provisions of these rules.

    "Law enforcement officer" is defined in 20 V.S.A. §2358.

    "Person" includes all individuals, including, but not limited to, State officers or employees, political representatives, and lobbyists.

    "State Business" means all administrative, governmental, proprietary and other acts and transactions required for the operation of State government.

    "State Buildings" means all state-owned or leased buildings, structures, and appurtenances under the jurisdiction of the Commissioner of Buildings and General Services as limited by the exceptions to jurisdiction in 29 V.S.A. §152(9) and 29 V.S.A. Chapter 5A.

    "State Facilities" includes all State Buildings and State Grounds as defined herein.

    "State Grounds" means all state-owned or leased land and grounds under the jurisdiction of the Commissioner of Buildings and General Services as limited by the exceptions to jurisdiction in 29 V.S.A. §152(9) and 29 V.S.A. Chapter 5A.

  3. 3.0 - Public Access to State Facilities

    Use of State Facilities by the public during public access hours, 7:45 am - 4:30 pm, may be subject to reasonable limitations on the time, place and manner of use. Any municipality or person may use State Facilities for a public purpose. Permission is required for the use of State Facilities after public access hours. Reservations for the use of Facilities, or portions thereof, for non-State business during public access hours are required. Requests for use of State Facilities should be submitted at least 14 days in advance of the date desired and will be approved on a first come, first served basis in a nondiscriminatory manner. In determining whether to grant permission the Commissioner or designee shall consider only whether the purpose serves the interests or general welfare of the public; the timeliness of the request; the public health, welfare and safety; the security and maintenance of the Facility; and the normal conduct of State Business. Permitted use of State Facilities shall not imply endorsement or approval of the entity or activity.

    The conduct of State Business in each State Facility shall take precedence over any other requested use of each State Facility. Certain areas of State Facilities may be exclusively reserved for the purpose of State Business by the Commissioner or designee.

    State Facilities shall be closed to the public outside of the posted public access hours, except as permitted by the Commissioner or designee. State Facilities shall also be closed to the public in emergency situations and at such times as may be necessary for the orderly conduct of State Business. Admission to State Facilities during such periods will be limited to individuals authorized by the Commissioner or designee.

  4. 4.0 - Inspections and Identifications

    All packages, briefcases, and other containers in the immediate possession of all persons entering a State Facility may be subject to inspection. Persons refusing to allow such inspection may be prohibited from entering the State Facility.

    In order to ensure the safety of persons within State Facilities and to preserve public property, the Commissioner or designee may require the presentation of acceptable identification.

  5. 5.0 - Firearms, Explosives and Other Dangerous Weapons

    Firearms, explosives, dangerous weapons or the components to fabricate such devices whether in open or concealed possession are prohibited in State Buildings. Vermont Criminal Justice Training Council (VCJTC) certified law enforcement officers, as defined in 20 V.S.A. §2358 and Capitol Police Officers who have successfully completed the firearms safety program provided by VCJTC are exempt from this provision, unless otherwise provided by law. Instructors and participants in educational or training classes conducted by the Agency of Natural Resources or the Department of Fish and Wildlife may be exempt from this provision upon the Commissioner's receipt and acknowledgment of written notification of such classes from the Agency of Natural Resources or the Department of Fish and Wildlife.

    Hunting on State Grounds shall be allowed except as posted as per the laws, rules and regulations of the General Assembly and the Department of Fish and Wildlife.

  6. 6.0 - Preservation of Property

    No person shall: improperly dispose of rubbish at State Facilities; willfully destroy, deface or damage State Facilities; steal or otherwise unlawfully remove property from State Facilities; create any hazard to persons or things; or climb upon statues, fountains, or other exhibits at State Facilities.

  7. 7.0 - Disturbances

    Any conduct resulting in a breach of the peace or disturbance, as defined by the conduct prohibited by the provisions of 13 V.S.A. Chapter 19, or which impedes or disrupts the orderly conduct of State Business is prohibited.

  8. 8.0 - Soliciting, Vending and Debt Collection

    Soliciting charitable contributions, panhandling, commercial or political soliciting, vending of all kinds, displaying or distributing commercial advertising, or collecting private debts at State Facilities is prohibited. This rule does not apply to:

    1. the annual State Employees Combined Charitable appeal.
    2. concessions or personal notices posted by employees on authorized bulletin boards.
    3. solicitation of labor organization membership or dues authorized by 3 V.S.A. Chapter 27, or the Collective Bargaining Agreement entered into between the State of Vermont and the Vermont State Employees Association.
    4. sale of farm produce by the actual producer.
    5. sale of newspapers.
    6. political solicitation which occurs in a public area outside of a State Building where it does not obstruct the passage of the public.
    7. vending machines authorized by law, or authorized by State officials.
    8. operation of cafeterias and other concessions authorized by law.
    9. passive solicitation by State employees' of de minimus charitable contributions, provided such solicitation has been approved by the department manager in advance.
  9. 9.0 - Posting and Distributing Materials

    Posting or affixing materials, such as signs, pamphlets, handbills, or flyers, on bulletin boards or elsewhere upon State Facilities is prohibited, except as authorized by the Commissioner or designee. Postings by State employees on designated bulletin boards are also excepted from this provision.

    Materials, such as signs, pamphlets, handbills, and flyers may only be distributed in the indoor areas of State Facilities with the permission of the Commissioner or designee. Distribution must be in a manner that does not obstruct the passage of the public.

  10. 10.0 - Photographs or Video Recordings for Advertising, or Commercial Purposes

    Other than for news reporting purposes, photographs or video recordings in or upon State Facilities for advertising, commercial, or political purposes may be taken only with the permission of the Commissioner or designee.

  11. 11.0 - Alcoholic Beverages and Controlled Substances

    Sale or consumption of alcoholic beverages in or upon State Facilities is prohibited without the permission of the Commissioner or designee.

    Sale or consumption of controlled substances in or upon State Facilities is prohibited. A patient's prescribed use of a pharmaceutical which was prescribed for that patient by a licensed physician is an exception to this rule.

  12. 12.0 - Animals

    Pets or animals are prohibited in State Buildings without the permission of the Commissioner or designee. Animals used to guide or assist disabled individuals are excepted from this provision.

  13. 13.0 - Changes in Appearance to State Facilities

    Any modifications to State Facilities require the permission of the Commissioner or designee.

    Leasehold improvements not expressly agreed to in a lease agreement require written approval by the Commissioner or designee

  14. 14.0 - Safe and Sanitary State Facilities

    State agencies, officers and employees must maintain State Facilities, including work areas, in a safe and sanitary manner. The Department of Buildings and General Services reserves the right to remedy conditions which are detrimental to the health, safety and welfare of the employees or the public.

  15. 15.0 - Effects on Other Laws

    Nothing contained in these rules shall be construed to nullify any state laws or regulations applicable to any area in which a State Facility is located. These rules supersede any rules governing State Facilities formerly promulgated by the Commissioner. In the event that an agency occupying a State Facility has adopted a policy or rule which is more restrictive than these rules, that policy or rule shall control. Agencies shall file all rules and policies concerning State Facilities with the Commissioner and shall consult with the Commissioner prior to promulgating or revising any such rules or policies. Statutory Authority: 29 V.S.A. §152(14)

Effective Date: March 1975

AMENDED: February 3, 2000 (Secretary of State Rule Log #00-06)