How to Sell a Gun in Vermont?
Buying, selling and transferring firearms legally in Vermont requires knowledge of the current gun regulations in place. Conducting a firearms transaction in the state comes with certain legal requirements for gun owners to abide by in order to legally initiate a transaction. To ensure that the transaction goes smoothly, CashMyGuns.com has provided a helpful overview that covers some of the laws in place that deals with buying, selling and transferring firearms.
The following was compiled from a memorandum on State Laws and Published Ordinances in Vermont from the state’s Office of the Attorney General to the Bureau of Alcohol, Tobacco and Firearms along with Vermont’s Department of Public Safety.
What are the Requirements to Legally Purchase a Firearm in Vermont?
In order to purchase a firearm legally through a Federal Firearms Licensed dealer, the buyer must be 18 years old to purchase rifles, shotguns and ammunition. Buyers looking to purchase handguns must be at least 21 years old. No permits or registration are required to own a firearm in this state.
Anyone purchasing a firearm from a licensed firearms dealer must complete a Bureau of Alcohol, Tobacco & Firearms form 4473 (firearms transaction form). This form will be maintained by the dealer. A firearms purchaser must, under the permanent provisions of the Federal Brady Law, also undergo a National Instant Criminal Background Check System check, which will be performed by the firearms dealer.
This check will indicate to the dealer whether the purchaser’s background allows for the person to complete the purchase of the firearm.
Private Party Gun Sales in Vermont
Under Vermont’s gun laws, an unlicensed person cannot “transfer” a firearm (meaning transfer ownership of a firearm by sale, trade, or gift) to another unlicensed person without the assistance of a licensed firearms dealer, unless an exception applies. The law exempts certain transfers, including transfers of a firearm by or to a law enforcement officer and transfers of a firearm from one immediate family member to another immediate family member.
Under the new statute, an immediate family member is a “spouse, parent, stepparent, child, stepchild, sibling, stepsibling, grandparent, stepgrandparent, grandchild, stepgrandchild, greatgrandparent, stepgreatgrandparent, greatgrandchild, and stepgreatgrandchild.”
Below is the legal text:
Section 4019. Firearms transfers; background checks.
(a) As used in this section:
(1) “Firearm” shall have the same meaning as in subsection 4017(d) of this title.
(2) “Immediate family member” means a spouse, parent, stepparent, child, stepchild, sibling, stepsibling,
grandparent, step-grandparent, grandchild, step-grandchild, great-grandparent, step-great-grandparent, greatgrandchild, and step-great-grandchild.
(3) “Law enforcement officer” shall have the same meaning as in subdivision 4016(a)(4) of this title.
(4) “Licensed dealer” means a person issued a license as a dealer in firearms pursuant to 18 U.S.C. § 923(a).
(5) “Proposed transferee” means an unlicensed person to whom a proposed transferor intends to transfer a firearm.
(6) “Proposed transferor” means an unlicensed person who intends to transfer a firearm to another unlicensed
(7) “Transfer” means to transfer ownership of a firearm by means of sale, trade, or gift.
(8) “Unlicensed person” means a person who has not been issued a license as a dealer, importer, or manufacturer
in firearms pursuant to 18 U.S.C. § 923(a).
(1) Except as provided in subsection (e) of this section, an unlicensed person shall not transfer a firearm to another
unlicensed person unless:
(A) the proposed transferor and the proposed transferee physically appear together with the firearm before a
licensed dealer and request that the licensed dealer facilitate the transfer; and
(B) the licensed dealer agrees to facilitate the transfer.
(2) A person shall not, in connection with the transfer or attempted transfer of a firearm pursuant to this section,
knowingly make a false statement or exhibit a false identification intended to deceive a licensed dealer with respect to
any fact material to the transfer.
(1) A licensed dealer who agrees to facilitate a firearm transfer pursuant to this section shall comply with all
requirements of State and federal law and shall, unless otherwise expressly provided in this section, conduct the
transfer in the same manner as the licensed dealer would if selling the firearm from his or her own inventory, but shall
not be considered a vendor.
(2) A licensed dealer shall return the firearm to the proposed transferor and decline to continue facilitating the transfer
if the licensed dealer determines that the proposed transferee is prohibited by federal or State law from purchasing or
possessing the firearm.
(3) A licensed dealer may charge a reasonable fee to facilitate the transfer of a firearm between a proposed transferor
and a proposed transferee pursuant to this section.
(1) An unlicensed person who transfers a firearm to another unlicensed person in violation of subdivision (b)(1) of this
section shall be imprisoned not more than one year or fined not more than $ 500.00, or both.
(2) A person who violates subdivision (b)(2) of this section shall be imprisoned not more than one year or fined not
more than $ 500.00, or both.
(e) This section shall not apply to:
(1) the transfer of a firearm by or to a law enforcement agency;
(2) the transfer of a firearm by or to a law enforcement officer or member of the U.S. Armed Forces acting within the
course of his or her official duties;
(3) the transfer of a firearm from one immediate family member to another immediate family member; or
(4) a person who transfers the firearm to another person in order to prevent imminent harm to any person, provided
that this subdivision shall only apply while the risk of imminent harm exists.
(f) A licensed dealer who facilitates a firearm transfer pursuant to this section shall be immune from any civil or criminal
liability for any actions taken or omissions made when facilitating the transfer in reliance on the provisions of this section.
This subsection shall not apply to reckless or intentional misconduct by a licensed dealer.
Vermont Firearm Ownership Restrictions
FEDERAL DISQUALIFICATION CATEGORIES
- Conviction (felony or misdemeanor) where the crime has a maximum imprisonment term exceeding 1 year (even if a buyer did not receive actual imprisonment exceeding 1 year).
- Warrant (felony or out-of-state misdemeanor).
- Felony pre-trial release.
- Misdemeanor crimes of domestic violence restraining/stalking/protection order mental health adjudication or commitment.
- Unlawful use or addicted to a controlled substance (including marijuana).
- Dishonorable discharge from the armed forces.
- Renounced U.S. citizenship.
- Illegal alien.
Other Restrictions in Vermont
Section 4017. Persons prohibited from possessing firearms; conviction of violent crime.
(a) A person shall not possess a firearm if the person has been convicted of a violent crime.
(b) A person who violates this section shall be imprisoned not more than 2 years or fined not more than $1,000, or both.
(c) This section shall not apply to a person who is exempt from federal firearms restrictions under 18 U.S.C. § 925(c).
(d) As used in this section:
(A) “Firearm” means:
(i) 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;
(ii) the frame or receiver of any such weapon; or
(iii) any firearm muffler or firearm silencer.
(B) “Firearm” shall not include an antique firearm.
(2) “Antique firearm” means:
(A) Any firearm (including any firearm with a matchlock, flintlock, percussion cap, or similar type of ignition system) manufactured in or before 1898.
(B) Any replica of any firearm described in subdivision (A) of this subdivision (2) if the replica:
(i) is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition; or
(ii) 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.
(C) 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
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The information contained on this website has been prepared as a service to the internet community and is not intended to constitute legal advice. CashMyGuns.com has used reasonable efforts in collecting, preparing, and providing quality information and material, but does not warrant or guarantee the accuracy, completeness, adequacy, or currency of the information contained in or linked to this website. Users of information from this website or links do so at their own risk and should consult their local firearm law resources and/or an attorney when engaging in selling a firearm. The cited information in this article was obtained on 09/29/2021 at atf.gov/file/117386/download and dps.vermont.gov/content/new-vermont-gun-laws-faqs