Verified Firearm Specifications

UT1066 — youth possession

Citation: Utah Code Ann. § 76-10-509.4(2)

(2) Except as provided by federal law, an individual who is under 18 years old may not possess the following: (a) a short barreled rifle; (b) a short barreled shotgun; (c) a fully automatic weapon; or (d) a machinegun firearm attachment.

UT1021 — license required

Citation: Utah Code Ann. §§ 76-10-505(1), 76-10-523

Utah Code Ann. § 76-10-505. Unless otherwise authorized by law, a person may not carry a loaded firearm: (a) in or on a vehicle, unless: (i) the vehicle is in the person's lawful possession; or (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle; (b) on a public street; or (c) in a posted prohibited area. Utah Code Ann.

UT1020 — limited : prohibited : loaded

Citation: Utah Code Ann. § 76-10-505(1)

Unless otherwise authorized by law, a person may not carry a loaded firearm: (a) in or on a vehicle, unless: (i) the vehicle is in the person's lawful possession; or (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle; (b) on a public street; or (c) in a posted prohibited area.

UT1046 — prohibited

Citation: Utah Code Ann. § 76-10-505(1)

Unless otherwise authorized by law, a person may not carry a loaded firearm: (a) in or on a vehicle, unless: (i) the vehicle is in the person's lawful possession; or (ii) the person is carrying the loaded firearm in a vehicle with the consent of the person lawfully in possession of the vehicle; (b) on a public street; or (c) in a posted prohibited area.

UT1041 — dvro ex parte : expanded

Citation: Utah Code Ann. §§ 78B-7-102, 78B-7-603 (renumbered from § 78B-7-106 7/1/2020)

78B-7-106. Protective orders -- Ex parte protective orders -- Modification of orders -- Service of process -- Duties of the court.

UT1042 — dvro : expanded

Citation: Utah Code Ann. §§ 78B-7-102 (renumbered from 78B-7-402 effective 7/1/2020), 78B-7-404.

78B-7-402. Definitions. …(2)(a) "Dating partner" means a person who: (i)(A) is an emancipated person under Section 15-2-1 or Title 78A, Chapter 6, Part 8, Emancipation; or (B) is 18 years of age or older; and (ii) is, or has been, in a dating relationship with the other party. (b) "Dating partner" does not include an intimate partner, as defined in federal law in Title 18 U.S.C. Section 921.

UT1036 — dvro

Citation: Utah Code Ann. § 78B-7-106(2)(f)

(2) A court may grant the following relief without notice in an order for protection or a modification issued ex parte: (f) upon finding that the respondent's use or possession of a weapon may pose a serious threat of harm to the petitioner, prohibit the respondent from purchasing, using, or possessing a firearm or other weapon specified by the court;

UT1039 — mental health : committed to mh facility

Citation: U.C.A. 1953 § 76-10-503(1)(b)

A Category II restricted person is a person who: (v) has been found not guilty by reason of insanity for a felony offense; (vi) has been found mentally incompetent to stand trial for a felony offense

UT1040 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: U.C.A. 1953 § 76-10-503(1)

Repealed.

UT1037 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: U.C.A. 1953 § 76-10-503(1)

(a) Any person who...has been declared mentally incompetent may not own or have in his possession or under his custody or control any dangrous weapon as defined in Section 76-10-501; (b) A Category II restricted person is a person who: (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat.

UT1038 — mental health : committed to mh facility

Citation: U.C.A. 1953 § 76-10-503(1)

(a) Any person who...has been declared mentally incompetent may not own or have in his possession or under his custody or control any dangrous weapon as defined in Section 76-10-501; (b) A Category II restricted person is a person who: (vii) has been adjudicated as mentally defective as provided in the Brady Handgun Violence Prevention Act, Pub. L. No. 103-159, 107 Stat.

VT1057 — extra time

Citation: Vt. Stat. Ann. tit. 13, § 4019(d)(2)

(d) A person shall not transfer a firearm to another person if: (1) the transfer requires a background check under this section or under federal law; and (2) the licensed dealer facilitating the transfer has not been provided with a unique identification number for the transfer by the National Instant Criminal Background Check System, provided that if the identification number has not been provided within seven...

VT1058 — extra time

Citation: Vt. Stat. Ann. tit. 13, § 4019(d)(2)

(d) A person shall not transfer a firearm to another person if: (1) the transfer requires a background check under this section or under federal law; and (2) the licensed dealer facilitating the transfer has not been provided with a unique identification number for the transfer by the National Instant Criminal Background Check System, provided that if the identification number has not been provided within seven...

VT1022 — private sales : point of sale

Citation: 13 V.S.A. § 4019(b)(1)

Except as provided in subsection (e) of this section, an unlicensed person shall not transfer a firearm to another unlicensed person unless: (A) the proposed transferor and the proposed transferee physically appear together with the firearm before a licensed dealer and request that the licensed dealer facilitate the transfer; and (B) the licensed dealer agrees to facilitate the transfer.

VT1029 — private sales : point of sale

Citation: 13 V.S.A. § 4019(b)(1)

Except as provided in subsection (e) of this section, an unlicensed person shall not transfer a firearm to another unlicensed person unless: (A) the proposed transferor and the proposed transferee physically appear together with the firearm before a licensed dealer and request that the licensed dealer facilitate the transfer; and (B) the licensed dealer agrees to facilitate the transfer.

VT1034 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

VT1033 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

VT1003 — shall issue (permit not required)

Citation: State v. Rosenthal 75 Vt. 295, 55 A. 610 (1903).

The Vermont Supreme Court struck down a Rutland city ordinance that required an individual who wished to carry a firearm to obtain permission. The Court said "the carrying of firearms for one’s defense is a fundamental right of a citizen.

VT1039 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

VT1049 — negligent storage

Citation: Vt. Stat. Ann. tit. 13, § 4024 (a)

(a)(1) A person who stores or keeps a firearm within any premises that are under the person's custody or control, and who knows or reasonably should know that a child or prohibited person is likely to gain access to the firearm, shall be: (A) imprisoned not more than one year or fined not more than $1,000.00, or both, if a child or prohibited person gains access to the firearm and uses it in the commission of a...

VT1043 — authorized

Citation: 13 V.S.A. § 1048(a)(1)

When a law enforcement officer arrests, cites, or obtains an arrest warrant for a person for domestic assault in violation of this subchapter, the officer may remove any firearm: (A) that is contraband or will be used as evidence in a criminal proceeding; or (B) that is in the immediate possession or control of the person being arrested or cited, in plain view of the officer at the scene of the alleged domestic...

VT1053 — ban on high capacity magazines

Citation: Vt. Stat. Ann. tit. 13, § 4021 (a-c)

(a) A person shall not manufacture, possess, transfer, offer for sale, purchase, or receive or import into this State a large capacity ammunition feeding device.

VT1050 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

VT1052 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

VT1046 — comprehensive

Citation: 24 V.S.A. § 2295

Except as otherwise provided by law, no town, city, or incorporated village, by ordinance, resolution, or other enactment, shall directly regulate hunting, fishing, and trapping or the possession, ownership, transportation, transfer, sale, purchase, carrying, licensing, or registration of traps, firearms, ammunition, or components of firearms or ammunition.

VT1027 — purchase and sale

Citation: 13 V.S.A. § 4020(a)

A person shall not sell a firearm to a person under 21 years of age. A person who violates this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

VT1028 — purchase and sale

Citation: 13 V.S.A. § 4020(a)

A person shall not sell a firearm to a person under 21 years of age. A person who violates this subsection shall be imprisoned for not more than one year or fined not more than $1,000.00, or both.

VT1054 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

VT1055 — minimum age purchase - federal

Citation: 41 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

VT1056 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

VT1006 — youth possession

Citation: Vt. Stat. Ann. tit. 13, § 4008

A child under the age of 16 years shall not, without the consent of his or her parents or guardian, have in his or her possession or control a pistol or revolver constructed or designed for the use of gunpowder or other explosive substance with leaden ball or shot. A child who violates a provision of this section shall be deemed a delinquent child under the provisions of chapter 52 of Title 33.

VT1061 — erpo : ex parte expanded

Citation: Vt. Stat. Ann. tit. 13, §§ 4053, 4054

4053(a) A State's Attorney, the Office of the Attorney General, or a family or household member may file a petition requesting that the court issue an extreme risk protection order prohibiting a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person's custody or control. The petitioner shall submit an affidavit in support of the petition.

VT1019 — erpo : ex parte

Citation: Vt. Stat. Ann. tit. 13, §§ 4053, 4054

4053(a) A State’s Attorney or the Office of the Attorney General may file a petition requesting that the court issue an extreme risk protection order prohibiting a person from purchasing, possessing, or receiving a dangerous weapon or having a dangerous weapon within the person’s custody or control. The petitioner shall submit an affidavit in support of the petition.

VT1060 — dvro ex parte : expanded

Citation: Vt. Stat. Ann. tit. 15, §§ 1103, 1104

§ 1103. Requests for relief (a) Any family or household member may seek relief from abuse by another family or household member on behalf of him- or herself or his or her children by filing a complaint under this chapter.

VT1018 — dvro ex parte

Citation: Vt. Stat. Ann. tit. 15, § 1103(c ), interpreted by Benson v. Muscari. Vt. Stat. Ann. tit. 15, § 1104.

§ 1103 Requests for relief (1) The court shall make such orders as it deems necessary to protect the plaintiff or the children, or both, if the court finds that the defendant has abused the plaintiff, and: (A) there is a danger of further abuse; or (B) the defendant is currently incarcerated and has been convicted of one of the following: murder, attempted murder, kidnapping, domestic assault, aggravated domestic...

VT1059 — prohibited

Citation: 13 V.S.A. chapter 85 § 4083

§ 4083. Unlawful conduct involving unserialized firearms, frames, and receivers (a)(1) A person shall not knowingly possess an unfinished frame or receiver unless the unfinished frame or receiver has been imprinted with a serial number by a federal firearms licensee pursuant to federal law or section 4084 of this title.