I am a victim of domestic violence and the abuser has a gun. Is that legal?
Vermont state law says that a person cannot have or buy a gun if any of the following apply:
- s/he has been convicted of a violent felony;1
- s/he is subject to an extreme risk protection order;2
- s/he is subject to a final relief from abuse order that includes firearm restrictions;3
- s/he is subject to a final order against stalking that includes firearm restrictions;4
- s/he has fled to avoid being prosecuted for a crime or giving testimony in a criminal case;5 or
- s/he is on probation and his/her order of probation restricts his/her access to firearms.6
Vermont state law also prevents someone having or buying a gun if s/he has charges pending for the following crimes:
- carrying a weapon while committing a felony ;
- trafficking a “regulated drug”;
- human trafficking ; or
- aggravated human trafficking .7
If any of these situations apply to the abuser, it may be illegal for him/her to have a gun. Also, federal laws, which apply to all states, may restrict an abuser’s right to have a gun. Go to Federal Gun Laws to get more information.
1 VT ST 13 §§ 4017; 5301(7)
2 VT ST 13 § 4053(e)(2)
3 VT ST 15 § 1103(c)(1); 13 VT ST § 4017a(a)(2)
4 VT ST 13 § 4017a(a)(3)
5 VT ST 13 § 4017a(a)(1)
6 VT ST 28 § 252(b)(8)
7 VT ST 13 § 4017a(a)(4)