Vermont is notably one of the few states in the U.S. that does not have a specific statute prohibiting civilians from carrying a firearm while under...
Reviewed by Will Luker, Founder of CCW Hub. USCCA Training Counselor, USCCA Certified Instructor, NRA Certified Instructor, Law Enforcement.
Vermont is notably one of the few states in the U.S. that does not have a specific statute prohibiting civilians from carrying a firearm while under the influence of alcohol or drugs. Vermont's firearms laws, codified primarily in 13 V.S.A. Chapter 85 (Weapons), address persons prohibited from possessing firearms (§ 4017), background check requirements (§ 4019), and large capacity ammunition feeding devices (§ 4021), but do not include a dedicated "carrying under the influence" provision for the general public.
Unlike many other states - such as Utah (which defines intoxication for carry purposes as a BAC of 0.05 or greater) - Vermont has no statutory BAC threshold that would make it illegal to carry a concealed or open firearm while intoxicated. There is no Vermont statute that specifically criminalizes:
While civilians are not subject to a specific carrying-under-the-influence statute, law enforcement officers are held to a different standard. The Vermont Statewide Use of Force Policy, issued under the authority of the Vermont Criminal Justice Council, explicitly states:
"Officers will not use any Department issued or approved firearm while under the influence of alcohol or regulated drugs not otherwise prescribed by a medical professional."
This restriction applies to both on-duty and off-duty use of department-issued or approved firearms.
Although there is no specific carrying-under-the-influence statute, individuals who carry firearms while impaired may still face criminal liability under other Vermont statutes:
Vermont is a constitutional carry (permitless carry) state - one of the earliest in the nation. No permit is required to carry a firearm either openly or concealed. Because there is no permit system with conditions attached, there are no permit-based restrictions related to alcohol or drug use. However, as noted by legal commentators, constitutional carry does not override other state or federal laws, and responsible carry practices are strongly advised.
Vermont generally follows Dillon's Rule, meaning municipalities cannot enact firearms regulations beyond what state law allows. However, recent legislative activity - notably S.131, which would authorize Burlington to ban firearms in bars and restaurants through a city charter amendment - could create localized restrictions on carrying in establishments that serve alcohol. As of 2026, this represents a developing area of Vermont law and may signal a shift in local authority over firearms regulation.
| Statute | Subject |
|---|---|
| 13 V.S.A. § 4017 | Persons prohibited from possessing firearms |
| 13 V.S.A. § 4019 | Firearms transfers and background checks |
| 13 V.S.A. § 1025 | Recklessly endangering another person |
| 23 V.S.A. Chapter 13 | DUI (vehicles only) |
Note: Vermont law does not include a dedicated statute addressing carrying firearms while under the influence. The absence of such a statute is itself a distinguishing feature of Vermont's firearms regulatory framework. Carriers should consult with a qualified attorney for guidance specific to their circumstances.
This page covers one part of our Vermont concealed carry guide.
Read the complete Vermont guideBrowse local instructors offering state-approved training in your area. Book online, complete your training, and get one step closer to your concealed carry permit.