Storage Requirements - Vermont

Overview

Vermont enacted its primary firearm storage law in 2023 (Act 45, effective July 1, 2023), codified at 13 V.S.A. § 4024, which establishes criminal penalties for negligent firearms storage. Vermont is a constitutional carry state and does not issue concealed carry permits, so these storage requirements apply to all firearm owners.

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Negligent Firearms Storage (13 V.S.A. § 4024)

Criminal Liability

A person who stores or keeps a firearm within premises under their custody or control, and who knows or reasonably should know that a child or prohibited person is likely to gain access, is subject to criminal penalties if:

• Misdemeanor: If a child or prohibited person gains access and uses the firearm in the commission of a crime or displays it in a threatening manner - up to 1 year imprisonment and/or up to $1,000 fine
• Felony: If a child or prohibited person gains access and uses the firearm to cause death or serious bodily injury - up to 5 years imprisonment and/or up to $5,000 fine

Exceptions to Negligent Storage Liability

The negligent storage provision does not apply if:

1. The firearm is carried by or within such close proximity that it can be readily retrieved and used by the owner or another authorized user
2. A child or prohibited person accesses the firearm as a result of an illegal entry
3. A child or prohibited person accesses and uses the firearm during a lawful act of self-defense or defense of another person
4. The firearm is stored in a locked container or equipped with a tamper-resistant mechanical lock or other safety device

Key Definitions (§ 4024(c))

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Dealer Signage Requirement (13 V.S.A. § 4024(b))

Licensed firearms dealers must conspicuously display a warning sign at any location where sales or transfers occur. The sign must:

• Be at least 8.5 inches high by 11 inches wide
• Contain black text at least 0.5 inches high against a white background
• Be posted where it can be easily viewed by persons purchasing or receiving firearms
• Not be removed, obscured, or rendered illegible
• If at the premises listed on the dealer's FFL, an additional sign must be placed at or near the entrance

Required text:

"WARNING: Access to a firearm in the home significantly increases the risk of suicide; death during domestic violence disputes; and the unintentional death of children, household members, and others. If you or a loved one is experiencing distress or depression, call the 988 Suicide and Crisis hotline or text 'VT' to 741741.

Failure to securely store firearms may result in criminal prosecution. It is important that the owner of a firearm seek firearm safety instructions from a certified firearms instructor and keep firearms secured from unauthorized use. Posted pursuant to 13 V.S.A. § 4024."

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Court-Ordered Relinquishment & Storage (20 V.S.A. § 2307)

Established by Act 191 of 2014 and amended through 2022, this statute governs the relinquishment and storage of firearms when a court issues a relief from abuse order under 15 V.S.A. chapter 21 or other orders consistent with 18 U.S.C. § 922(g)(8).

Relinquishment Process

• A person ordered to relinquish firearms, ammunition, or weapons must immediately surrender them upon service of the order
• Default recipients: a cooperating law enforcement agency or an approved federally licensed firearms dealer (FFL)
• The court may order relinquishment to another person unless it finds this would not adequately protect the victim's safety

Qualified Storage Locations

The Department of Public Safety maintains the Firearm Storage Program, which:

• Establishes minimum standards for qualified storage locations
• Maintains a list of approved storage locations, including:
  • Federally licensed firearms dealers that annually certify compliance with DPS standards
  • Cooperating law enforcement agencies (Vermont State Police, municipal police, sheriff's departments)
• Any law enforcement agency may volunteer as a cooperating agency for individuals within or outside their jurisdiction

Storage Standards & Fees

• DPS establishes a fee schedule for storage by law enforcement agencies
• With consent of the law enforcement agency, an owner may provide their own storage container
• The law enforcement agency may provide a storage container at an additional fee
• At the time of relinquishment, the agency must provide a receipt including serial numbers and identifying characteristics, recorded in a departmental log

Liability Protections

Law enforcement agencies are immune from civil or criminal liability for damage or deterioration of stored firearms, unless the damage resulted from recklessness, gross negligence, or intentional misconduct.

Contact for the Firearm Storage Program

Vermont Department of Public Safety - Firearms Storage Program 45 State Drive, Waterbury, VT 05671

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Disposition of Unlawful & Abandoned Firearms (20 V.S.A. Chapter 145)

Key Definitions (§ 2302)

• Unlawful firearms: Firearms whose possession violates federal or state law, or firearms used in the commission of a felony
• Abandoned firearms: Firearms in DPS possession no longer needed as evidence and unclaimed for more than 18 months

Disposition Process

• Unlawful firearms not needed as evidence must be delivered to the Commissioner of Public Safety within 30 days (§ 2303)
• Firearms unlawful per se (possession illegal under all circumstances) must be destroyed or retained for forensic reference (§ 2305(a))
• Other unlawful and abandoned firearms may be sold to a federally licensed dealer, transferred to the Commissioner of Fish and Wildlife, or retained for forensic reference (§ 2305(b))
• Firearms used in a homicide cannot be sold - they must be destroyed or returned to an innocent owner (§ 2305(b)(2))

Innocent Owner Rights (§ 2306)

A bona fide owner may reclaim an unlawful firearm by providing proof of ownership and demonstrating no knowledge of illegal use. If the Commissioner denies the claim, the owner may request a hearing within 14 days.

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Prohibited Persons - Storage Relevance (13 V.S.A. § 4017)

Persons convicted of a violent crime (as defined in § 4017(d)(3)) are prohibited from possessing firearms. This is relevant to storage because:

• Storing firearms accessible to a prohibited person may trigger negligent storage liability under § 4024
• Violation of the possession prohibition: up to 2 years imprisonment and/or up to $1,000 fine

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Legislative History

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Practical Guidance for Firearm Owners

• No general safe storage mandate: Vermont does not require all firearms to be locked at all times. Criminal liability attaches only when the owner knows or should know a child or prohibited person is likely to gain access and that person actually gains access and misuses the firearm.
• Best practice: Store firearms in a locked container or with a tamper-resistant mechanical lock - this provides a complete statutory defense under § 4024(a)(2)(D).
• During domestic situations: If subject to a relief from abuse order, firearms must be immediately surrendered to an approved storage location. Failure to comply is a violation of the court order.

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Sources: 13 V.S.A. § 4017, § 4024; 20 V.S.A. § 2302, § 2303, § 2306, § 2307; Act 191 (2014); Act 45 (2023); Vermont Department of Public Safety - Firearm Storage Program (dps.vermont.gov/firearmstorage)