Red Flag | Vermont Concealed Carry

Red Flag Laws (Extreme Risk Protection Orders)

Vermont enacted its Extreme Risk Protection Order (ERPO) law - commonly known as the "red flag" law - as part of a comprehensive gun safety package signed by Governor Phil Scott on April 11, 2018. The law is codified in 13 V.S.A. Chapter 85, Subchapter 2 (13 V.S.A. § 4053, § 4054, and following).

Overview

Vermont's ERPO law allows a court to temporarily prohibit a person from purchasing, possessing, or receiving a dangerous weapon - or having one within their custody or control - when there is clear and convincing evidence that the person poses an extreme risk of harm to themselves or others.

Who Can File a Petition

Under 13 V.S.A. § 4053(a), three categories of petitioners may file for an ERPO:

• A State's Attorney
• The Office of the Attorney General
• A family or household member

When a family or household member files the petition, the State's Attorney of the county where the petition was filed is substituted as plaintiff either upon issuance of an ex parte order or at least seven days prior to the hearing. The family member then ceases to be a party to the action.

Grounds for Issuance

The petition must allege that the respondent poses an extreme risk of causing harm to themselves or others. Per § 4053(c)(2):

Risk of harm to others may be shown by establishing that:

• The respondent has inflicted or attempted to inflict bodily harm on another person
• The respondent has placed others in reasonable fear of physical harm through threats or actions
• The respondent has presented a danger to persons in their care through actions or inactions

Risk of harm to self may be shown by establishing that:

• The respondent has threatened or attempted suicide or serious bodily harm

Standard of Proof

• Full hearing: Clear and convincing evidence (§ 4053(b)(1))
• Ex parte (emergency) orders are available under § 4054 with a lower initial threshold, followed by a full hearing

Petition Requirements

The supporting affidavit must include (§ 4053(c)(3)):

• Specific facts supporting the allegations
• Any dangerous weapons believed to be in the respondent's possession, custody, or control
• Whether the petitioner knows of any existing abuse prevention orders (15 V.S.A. ch. 21) or stalking/sexual assault orders (12 V.S.A. ch. 178)

Hearing and Timeline

• The court must hold a hearing within 14 days after the petition is filed (§ 4053(d)(1))
• Notice of the hearing is served concurrently with the petition and any ex parte order
• No filing fee is required (§ 4053(g))

Duration and Scope of Orders

• An ERPO prohibits purchasing, possessing, or receiving dangerous weapons for up to six months (§ 4053(e)(2))
• The order must include:
  • A statement of grounds for issuance
  • Instructions for relinquishment of dangerous weapons under § 4059
  • A description of how to request termination under § 4055
  • A directive for return of firearms upon order expiration

Relinquishment and Termination

• Respondents must surrender all dangerous weapons to law enforcement, a federally licensed firearms dealer, or a court-approved person
• The respondent may request one hearing to terminate the order during the period it is in effect (§ 4055)
• Upon expiration, the agency or person holding the firearms must release them to the owner

Penalties for Violation

Violation of an ERPO is a criminal offense under 13 V.S.A. § 4058, subject to imprisonment, a fine, or both. It may also be prosecuted as criminal contempt.

Making a false statement in a petition affidavit is also a crime under § 4058.

Usage Statistics

According to the Vermont Department of State's Attorneys and Sheriffs:

Legislative History

• April 11, 2018: Original ERPO law took effect (2017, No. 97, Adj. Sess., § 1), enacted as part of a broader gun safety package following the Parkland, Florida school shooting and a foiled school massacre plot by a Vermont teenager
• July 1, 2023: Amendments took effect (2023, No. 45, § 5) - the statute was updated to refine procedures, including provisions for family/household member petition handling and State's Attorney substitution
• The 2018 package also included universal background checks, bump stock and large-capacity magazine bans, enhanced age requirements, and strengthened domestic violence firearms seizure provisions

Key Statutory References

Important Notes for Concealed Carry Holders

• Vermont is a constitutional carry state (no permit required), but an active ERPO prohibits all possession of dangerous weapons regardless of carry status
• ERPOs apply to all dangerous weapons, not just firearms
• An ERPO can be issued on an ex parte (emergency) basis before a full hearing, meaning weapons may be temporarily removed without prior notice to the respondent
• Orders are entered into relevant databases, which may affect background checks in other states even after expiration