Quick Legal Facts
Statewide Preemption:
Yes, constitutional preemption.
Concealed Carry:
Not an issue.
Schools:
Possession of dangerous weapons is prohibited on school property, school buses and/or school buildings.
Critical Dimensions:
3 inches – Automatic knives may not have a blade length over 3 inches.
Restricted Knives:
It is unlawful to possess a “switchblade”/automatic knife having a blade more than 3 inches in length.
Knives, apart from an automatic knife having a blade longer than 3 inches, may be carried openly or concealed. Dangerous or deadly weapon restrictions obtain in specific locations and to persons with criminal intent as discussed below. A knife maybe a dangerous or deadly weapon, however, there is no indication in the body of Vermont law that simple possession of a knife by a law-abiding individual aged 16 or older is restricted.
Relevant Statutes:
13.1021. Definitions
13.4003. Carrying dangerous weapons
13.4004. Possession of dangerous or deadly weapon in a school bus or school building or on school property
13.4007. Furnishing firearms to children
13.4013. Zip guns; switchblade knives
13.4016. Weapons in court
15.563. Powers of school boards
24.2291. Enumeration of powers
Statewide Preemption:
The Vermont legislature per 24.2291, has delegated limited regulatory power to municipalities. State law does not grant power to regulate the possession of weapons to local municipal governing bodies.
Restrictions on Sale or Transfer:
It is unlawful to sell a “switchblade” knife having a blade more than 3 inches in length. It is unlawful for anyone other than a parent or guardian to sell or furnish a dangerous weapon to a minor under the age of 16.
Concealed Carry:
Not an issue.
Restrictions on Carry in Specific Locations/ Circumstances:
Dangerous or deadly weapons may not be possessed in schools or courts.
- Automatic Knives
A prohibition on the possession or sale of any “switchblade” knife having a blade more than 3 inches in length has existed in Vermont since 1959. The term “switchblade” is not defined. No reported appeal level cases in Vermont address 13.4013.
- Deadly Weapon
13.1021. provides the following definition for “deadly weapon” (“Deadly weapon” is used interchangeably with “dangerous weapon” in Chapter 85 captioned Weapons of the Vermont Crime Code.):
“Deadly weapon” means any firearm, or other weapon, device, instrument, material, or substance, whether animate or inanimate that in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
- Dangerous and Deadly Weapon Restrictions
It is not unlawful to simply possess or carry an item, such as a knife, that may be a dangerous and/or a deadly weapon. 13.4003. provides:
A person who carries a dangerous or deadly weapon with the intent to injure another shall be imprisoned for not more than two years or fined not more than $2,000.00, or both. It shall be a felony punishable by not more than 10 years of imprisonment or a fine of $25,000.00, or both, if the person intends to injure multiple persons.
The “intent to injure another” is an essential element of the offense in general application. The possession of dangerous and deadly weapons on school grounds and on school buses, restricted by 13.4004. is complicated and it appears that the regulations are not likely to be uniform across all school districts.
- Law Enforcement
Various exceptions for law enforcement and school officials are provided in 13.4004.
Law enforcement officers certified by the Vermont Criminal Justice Training Council are exempt from the restriction in 13.4016.
- Consequences
The simple possession of a dangerous or deadly weapon on school grounds is punishable by confinement for not more than 1 year, and/or a fine of up to $ 1,000. Possession of a dangerous weapon in a court facility is punishable by confinement up to 1 year, and/or a fine of up to $500.
