Vermont Open Carry Laws

Vermont Open Carry

Open carry of a firearm is lawful in Vermont without a permit for any person who may legally possess a firearm under federal and Vermont law. Vermont treats open carry and concealed carry the same way: both are permitted, neither requires a license or training, and both are restricted only by location-based prohibitions and by 13 V.S.A. § 4003 (carrying a dangerous or deadly weapon with intent to injure another).

Legal Framework

Vermont has never criminalized open carry by lawful possessors. The Vermont Supreme Court confirmed in State v. Rosenthal, 75 Vt. 295, 55 A. 610 (1903) that Vt. Const. Ch. I, Art. 16 protects the right to carry a weapon - openly or concealed - for self-defense, and that local ordinances requiring a permit to carry are repugnant to the state constitution.

The relevant constitutional and statutory citations:

• Vt. Const. Ch. I, Art. 16 - right to bear arms.
• 13 V.S.A. § 4003 - the only Vermont statute that criminalizes carry; it requires intent to injure another. Mere open carry is not a § 4003 violation.
• 13 V.S.A. § 4004 - prohibits firearms on school property.
• 13 V.S.A. § 4017 - certain prohibited-person and risk-based restrictions.

Who May Open Carry

Any person who is legally allowed to possess a firearm. Disqualifiers track federal and state prohibited-person law:

• Persons prohibited under 18 U.S.C. § 922(g) (felons, certain misdemeanants, persons subject to qualifying domestic-violence restraining orders, unlawful drug users, persons adjudicated as mentally defective or involuntarily committed, illegal aliens, persons dishonorably discharged, fugitives).
• Persons under indictment for a crime punishable by more than one year (18 U.S.C. § 922(n)).
• Persons subject to a final relief-from-abuse order or an ERPO under 13 V.S.A. § 4053 that prohibits possession.
• For handgun open carry by minors, the federal restriction under 18 U.S.C. § 922(x) applies with limited exceptions.

Where Open Carry Is Restricted

Open carry is subject to the same location restrictions as concealed carry:

• Schools (13 V.S.A. § 4004): No firearm in a school building, on a school bus, or - with intent to injure - on school property. Law enforcement and school-sanctioned uses are exempt.
• Federal facilities (18 U.S.C. § 930): Federal buildings, federal courthouses, post offices, federal lands subject to applicable regulations.
• Vermont courthouses: Court security policies restrict firearms.
• Private property: Owners may prohibit firearms by signage or notice.
• Posted state or municipal facilities: Restricted where lawfully posted.

Practical Considerations for Open Carriers

Open carry in Vermont is lawful but uncommon outside hunting and target-shooting contexts. Carriers should be aware:

• Public reaction: Open carry of a holstered handgun in a town or village setting may prompt calls to police even where carry is lawful. Officers may make contact and ask questions; in Vermont, the carrier has no statutory duty to inform an officer that they are armed, but lawful possessors are also not obligated to conceal the firearm.
• No "alarming display" statute aimed at carry: Vermont has no specific statute criminalizing "open carry in a manner that alarms the public" by lawful possessors. However, brandishing or pointing a firearm at another person can be charged under separate provisions (for example, aggravated assault).
• Vehicle open carry: A loaded firearm may be carried openly or concealed in a private motor vehicle by a lawful possessor (see Vehicle Carry). The "loaded-rifle-or-shotgun-in-a-vehicle" hunting restriction under Title 10 (fish and wildlife) does not apply to handguns or to non-hunting situations on a public road.
• Hunting context: Title 10 contains separate restrictions on loaded firearms in vehicles during hunting and on the use of firearms while hunting. Those rules apply to hunters, not to general carry.

Open Carry by Non-Residents

A non-resident who is legally eligible to possess a firearm may open carry in Vermont without a permit, just as a Vermont resident may. Vermont has no permit, so no reciprocity question arises.

Magazine Capacity Applies to Open Carry

The large-capacity-magazine ban under 13 V.S.A. § 4021 applies regardless of carry method. A firearm carried openly with a magazine accepting more than 10 rounds (long gun) or 15 rounds (handgun) is unlawful unless the magazine was lawfully possessed on or before April 11, 2018.

Carry With Criminal Intent Is Still a Crime

13 V.S.A. § 4003 criminalizes carrying a dangerous or deadly weapon with the intent to injure another. Open carry alone is not a § 4003 violation; carry plus intent to injure is. The aggravated version (intent to injure multiple persons) carries a 10-year ceiling.

Bottom Line

Vermont permits open carry on the same terms as concealed carry: no permit, no training, no fee, no registration, and no licensing agency. Lawful possessors may open carry anywhere except in statutorily prohibited locations, federal facilities, posted private property, and any location prohibited by a court order applicable to the individual.