Can a felon own a gun in Vermont?

Vermont does not prohibit firearm possession for non-violent felony convictions under state law. Only persons convicted of a 'violent crime' as defined by 13 V.S.A. 4017 are prohibited from possessing firearms. For violent crime convictions, the state prohibition is indefinite but may be lifted by expungement.

How can a felon restore gun rights in Vermont?

No restoration needed for non-violent felonies under state law (only federal law applies). Violent crime convictions require expungement or pardon.

What is the waiting period for gun rights restoration in Vermont?

No state-level waiting period for non-violent felonies (no state prohibition exists). Violent crime convictions carry an indefinite prohibition under state law.

Are there exceptions to gun rights restoration in Vermont?

Federal law (18 USC 922(g)(1)) still prohibits all felons from possessing firearms regardless of Vermont's limited state-level restrictions. Persons convicted of violent crimes face both state and federal prohibitions.

Can a felon own a gun in Vermont?

Under Vermont state law, nonviolent felons can possess firearms — the state prohibition only applies to 'violent crime' convictions under 13 V.S.A. § 4017. However, federal law (18 USC 922(g)(1)) prohibits ALL felons from possessing firearms regardless of state law. So while you may not violate Vermont law, you could still face federal prosecution. Violent crime convicts are prohibited under both state and federal law.

What is a 'violent crime' under Vermont gun law?

Under 13 V.S.A. § 4017, 'violent crime' includes: (1) 'listed crimes' under § 5301(7), which encompass domestic assault, stalking, sexual assault, aggravated assault, and related offenses; (2) sexual exploitation of children; and (3) selling or dispensing controlled substances. The definition is broader than physical violence alone — it includes drug distribution offenses.

How can a violent felon restore gun rights in Vermont?

A person convicted of a violent crime in Vermont has limited options: (1) seek expungement or record sealing if eligible (violent crimes are generally excluded from automatic sealing under S.12); (2) apply for a gubernatorial pardon (extremely rare in practice — no pardons granted by Governor Scott in 8+ years); or (3) petition under the revived federal 18 USC 925(c) process, which Vermont's § 4017 explicitly recognizes as providing an exemption.

Does Vermont's constitutional carry affect felons?

Vermont was the original 'constitutional carry' state — no permit is needed to carry a firearm openly or concealed. However, constitutional carry only applies to persons legally permitted to possess firearms. Violent crime convicts are prohibited under § 4017, and ALL felons are prohibited under federal law. The permit-free carry framework does not override these prohibitions.

Can I hunt with a rifle as a nonviolent felon in Vermont?

Under Vermont state law, yes — nonviolent felons are not prohibited from possessing long guns or handguns. You could lawfully obtain a hunting license and possess a rifle for hunting purposes under state law. However, possessing ANY firearm as a felon violates federal law (18 USC 922(g)(1)). This creates a real risk of federal prosecution, even during otherwise lawful state activities like hunting.

Does Vermont expungement restore federal gun rights?

Potentially yes. Under 18 USC 921(a)(20), a conviction that has been 'expunged, or set aside, or for which a person has been pardoned or has had civil rights restored' is generally not counted as a conviction for federal firearms purposes, provided the restoration does not expressly exclude firearms. If a Vermont conviction is fully expunged (or sealed in a manner that functions as expungement), this should remove the federal disability. Consult an attorney for your specific situation.

What is the penalty for violating § 4017 in Vermont?

A person who possesses a firearm in violation of 13 V.S.A. § 4017 may be imprisoned for up to 2 years and/or fined up to $1,000. This is the state-level penalty. Federal prosecution under 18 USC 922(g)(1) carries a penalty of up to 15 years imprisonment. Both state and federal charges can be brought simultaneously.

What did the 2025 S.12 law change about Vermont gun rights?

S.12 (2025) expanded record-sealing eligibility to include most misdemeanors and many nonviolent felonies such as burglary, property crimes, and drug trafficking. It replaced most references to 'expungement' with 'sealing.' However, violent crimes ('listed crimes') and sexual misconduct offenses remain excluded from automatic sealing. The law primarily helps nonviolent felons seeking to address the federal firearms disability by having their records sealed.

Felon Gun Rights in Vermont

Automatic restoration

It depends on whether your conviction is for a violent or nonviolent crime. If your felony was nonviolent, Vermont state law does NOT prohibit you from possessing firearms — your state gun rights are effectively automatic and were never restricted. However, if you were convicted of a 'violent crime' as defined in 13 V.S.A. § 4017, you are indefinitely prohibited under state law until the conviction is expunged or pardoned. In either case, the federal prohibition under 18 USC 922(g)(1) applies to ALL felons regardless of Vermont's permissive state rules.

Last updated: 2026-03-21

Overview

Vermont has one of the most permissive state-level approaches to felon gun rights. Under 13 V.S.A. § 4017, only persons convicted of a 'violent crime' are prohibited from possessing firearms. Nonviolent felons face no state-level firearms restriction whatsoever — their rights are effectively never lost under Vermont law. For violent crime convictions, the prohibition is indefinite and may be lifted through expungement or a gubernatorial pardon. However, federal law under 18 USC 922(g)(1) still prohibits ALL felons from possessing firearms, creating a critical gap between state and federal law.

Quick Answer

Federal Law — 18 USC 922(g)

Under 18 USC 922(g)(1), all persons convicted of a crime punishable by imprisonment for more than one year are prohibited from possessing firearms. This applies in Vermont to ALL felons, even though Vermont state law only prohibits violent crime convicts. A nonviolent felon in Vermont may lawfully possess firearms under state law but remain in violation of federal law. Vermont does not automatically restore civil rights in a manner that clearly satisfies the federal exception under 18 USC 921(a)(20). A gubernatorial pardon or expungement may lift the federal disability. The revived 18 USC 925(c) federal petition process, now housed in the DOJ Office of the Pardon Attorney, may provide an additional pathway. 13 V.S.A. § 4017 explicitly states that the state prohibition 'shall not apply to a person who is exempt from federal firearms restrictions under 18 U.S.C. § 925(c).'

Can restore gun rights

✓Nonviolent felons — no state-level firearm prohibition exists; gun rights were never restricted under Vermont state law
✓Violent crime convicts whose conviction is expunged under Vermont's record-sealing/expungement statutes
✓Violent crime convicts who receive a gubernatorial pardon
✓Persons whose conviction is overturned on appeal or post-conviction review
✓Persons eligible for federal relief under the revived 18 USC 925(c) process (explicitly recognized in § 4017)

Cannot restore gun rights

✗Persons convicted of a 'violent crime' as defined in 13 V.S.A. § 4017 — indefinitely prohibited until expungement or pardon
✗Persons convicted of 'listed crimes' under 13 V.S.A. § 5301(7), including domestic assault, stalking, sexual assault, and aggravated assault
✗Persons convicted of sexual exploitation of children
✗Persons convicted of selling or dispensing controlled substances (classified as a violent crime under § 4017)
✗Persons subject to active domestic violence protective orders under federal law
✗All felons remain prohibited under federal law (18 USC 922(g)(1)) regardless of Vermont state law

Step-by-Step Process

Determine if your conviction is a 'violent crime' under Vermont law

Check whether your felony conviction falls under the definition of 'violent crime' in 13 V.S.A. § 4017, which incorporates 'listed crimes' from § 5301(7). This includes domestic assault, stalking, sexual assault, aggravated assault, sexual exploitation of children, and selling or dispensing controlled substances. If your conviction is NOT a violent crime, you are not prohibited under Vermont state law (but federal law still applies).

For nonviolent felons: Address the federal prohibition

If your felony is nonviolent, you have no state-level restriction to restore. However, you remain prohibited under 18 USC 922(g)(1). Options to address the federal ban include: seeking expungement or record sealing under Vermont's expanded 2025 S.12 law (which may qualify as removing the conviction for federal purposes), applying for a gubernatorial pardon, or petitioning under the revived federal 18 USC 925(c) process.

For violent crime convictions: Seek expungement or record sealing

Under Vermont's record-relief statutes (as amended by 2025 S.12), qualifying crimes may be eligible for sealing. The expanded law covers most misdemeanors and many nonviolent felonies, but 'listed crimes' involving violence and sexual misconduct are generally excluded from automatic sealing. Violent crime convictions may still be sealed if pardoned by the Governor. Consult an attorney about your specific offense's eligibility.

Apply for a gubernatorial pardon (violent crime convictions)

Submit a 14-page pardon application to the Governor's office. Generally, applications are considered only if at least 10 years have passed since a felony conviction. Applicants must show exemplary behavior since conviction and submit at least four letters of recommendation. Note: Governor Phil Scott did not grant any pardons during his first eight years in office (through July 2025), making this path extremely difficult in practice.

Consider the federal 18 USC 925(c) petition process

Vermont's § 4017 explicitly recognizes the federal 925(c) exemption. The revived federal process, housed in the DOJ Office of the Pardon Attorney, allows individuals to petition for relief from federal firearms disabilities. This may be the most viable path for both nonviolent felons (who face no state restriction but a federal one) and violent felons.

Verify your restoration status

After receiving a pardon, expungement, or federal relief, confirm your status with an attorney. Keep all documentation. For nonviolent felons possessing firearms under state law only, be aware that any interaction with federal law enforcement could result in prosecution under 18 USC 922(g)(1).

Waiting Period

For nonviolent felons, there is no waiting period — Vermont state law never prohibits them from possessing firearms. For violent crime convictions, the prohibition is indefinite with no fixed waiting period; it lasts until the conviction is expunged or pardoned. The gubernatorial pardon application generally requires at least 10 years to have passed since the felony conviction. The federal 18 USC 925(c) process has its own timeline, which is still being established as the program ramps up.

Key Laws

Law	Year	Description
13 V.S.A. § 4017 — Persons Prohibited from Possessing Firearms; Conviction of Violent Crime	2002 (amended 2018, 2025)	Prohibits firearm possession by persons convicted of a 'violent crime,' defined to include listed crimes under § 5301(7), sexual exploitation of children, and selling or dispensing controlled substances. Violation is punishable by up to 2 years imprisonment and/or $1,000 fine. Explicitly exempts persons who have received federal relief under 18 USC 925(c). Does not apply to antique firearms.
13 V.S.A. § 5301(7) — Definition of 'Listed Crimes'	1995 (amended multiple times)	Defines the 'listed crimes' that trigger the firearms prohibition under § 4017. Includes domestic assault, stalking, first- and second-degree aggravated domestic assault, sexual assault, aggravated sexual assault, and other violent offenses. The list has been expanded over time to include additional offenses.
Vermont S.12 (2025) — Expungement and Sealing Reforms	2025	Expanded the scope of 'qualifying crimes' eligible for record sealing to include most misdemeanors and many nonviolent felonies (burglary, designated property crimes, drug trafficking). Dropped the term 'expungement' from most statutory sections in favor of 'sealing.' Listed crimes involving violence and sexual misconduct remain excluded from automatic sealing but may be sealed after a gubernatorial pardon.
Vermont Constitution, Chapter I, Article 16 — Right to Bear Arms	1777 (original Vermont Constitution)	Vermont's constitutional provision: 'The people have a right to bear arms for the defence of themselves and the State.' Vermont was one of the first states with constitutional carry and has historically had minimal firearms regulation.

Edge Cases

I have a nonviolent felony conviction in Vermont — can I legally possess a firearm?

Under Vermont state law, yes — 13 V.S.A. § 4017 only prohibits firearms possession for violent crime convictions. Nonviolent felons are not restricted under state law. However, federal law under 18 USC 922(g)(1) still prohibits you from possessing any firearm. This means you could lawfully possess firearms under Vermont law while simultaneously violating federal law. Federal prosecution is possible, especially if the firearm has moved through interstate commerce (which applies to virtually all firearms).

Is drug dealing considered a 'violent crime' under Vermont law for gun purposes?

Yes. Under 13 V.S.A. § 4017, 'violent crime' includes 'selling or dispensing a regulated drug in violation of chapter 84, subchapter 1 of this title.' This means persons convicted of drug trafficking or distribution offenses are prohibited from possessing firearms under Vermont state law, even though the underlying conduct may not involve physical violence.

Can I purchase a firearm from a licensed dealer as a nonviolent felon in Vermont?

No. While Vermont state law does not prohibit nonviolent felons from possessing firearms, purchasing from a federally licensed dealer (FFL) requires passing an FBI NICS background check. The federal background check will flag your felony conviction, and the dealer will be unable to complete the sale under 18 USC 922(g)(1). Private sales in Vermont do not require a background check for long guns, creating a legal gray area.

Does Vermont's 2025 record-sealing law (S.12) help violent crime convicts restore gun rights?

Not directly. S.12 expanded record sealing eligibility but specifically excludes 'listed crimes' involving violence and sexual misconduct. Violent crime convicts cannot use the automatic sealing provisions. However, if a violent crime conviction is pardoned by the Governor, the pardoned conviction may then become eligible for sealing under S.12, which could provide additional relief from the firearms prohibition.

What happens if I move to Vermont with an out-of-state felony conviction?

If your out-of-state conviction would not be a 'violent crime' under 13 V.S.A. § 4017, Vermont state law would not prohibit your firearm possession. However, if the out-of-state conviction qualifies as a violent crime under Vermont's definitions, you would be prohibited. In all cases, the federal ban under 18 USC 922(g)(1) applies regardless of which state you live in or where the conviction occurred.

Has Governor Scott ever granted a pardon that restored gun rights?

As of mid-2025, Governor Phil Scott had not granted any pardons during his eight years in office, despite receiving 117 applications. This makes the gubernatorial pardon path effectively unavailable in practice in Vermont, though it remains a legal option. The lack of pardons leaves violent crime convicts with very limited options for firearms restoration.

Frequently Asked Questions

Can a felon own a gun in Vermont?: Under Vermont state law, nonviolent felons can possess firearms — the state prohibition only applies to 'violent crime' convictions under 13 V.S.A. § 4017. However, federal law (18 USC 922(g)(1)) prohibits ALL felons from possessing firearms regardless of state law. So while you may not violate Vermont law, you could still face federal prosecution. Violent crime convicts are prohibited under both state and federal law.
What is a 'violent crime' under Vermont gun law?: Under 13 V.S.A. § 4017, 'violent crime' includes: (1) 'listed crimes' under § 5301(7), which encompass domestic assault, stalking, sexual assault, aggravated assault, and related offenses; (2) sexual exploitation of children; and (3) selling or dispensing controlled substances. The definition is broader than physical violence alone — it includes drug distribution offenses.
How can a violent felon restore gun rights in Vermont?: A person convicted of a violent crime in Vermont has limited options: (1) seek expungement or record sealing if eligible (violent crimes are generally excluded from automatic sealing under S.12); (2) apply for a gubernatorial pardon (extremely rare in practice — no pardons granted by Governor Scott in 8+ years); or (3) petition under the revived federal 18 USC 925(c) process, which Vermont's § 4017 explicitly recognizes as providing an exemption.
Does Vermont's constitutional carry affect felons?: Vermont was the original 'constitutional carry' state — no permit is needed to carry a firearm openly or concealed. However, constitutional carry only applies to persons legally permitted to possess firearms. Violent crime convicts are prohibited under § 4017, and ALL felons are prohibited under federal law. The permit-free carry framework does not override these prohibitions.
Can I hunt with a rifle as a nonviolent felon in Vermont?: Under Vermont state law, yes — nonviolent felons are not prohibited from possessing long guns or handguns. You could lawfully obtain a hunting license and possess a rifle for hunting purposes under state law. However, possessing ANY firearm as a felon violates federal law (18 USC 922(g)(1)). This creates a real risk of federal prosecution, even during otherwise lawful state activities like hunting.
Does Vermont expungement restore federal gun rights?: Potentially yes. Under 18 USC 921(a)(20), a conviction that has been 'expunged, or set aside, or for which a person has been pardoned or has had civil rights restored' is generally not counted as a conviction for federal firearms purposes, provided the restoration does not expressly exclude firearms. If a Vermont conviction is fully expunged (or sealed in a manner that functions as expungement), this should remove the federal disability. Consult an attorney for your specific situation.
What is the penalty for violating § 4017 in Vermont?: A person who possesses a firearm in violation of 13 V.S.A. § 4017 may be imprisoned for up to 2 years and/or fined up to $1,000. This is the state-level penalty. Federal prosecution under 18 USC 922(g)(1) carries a penalty of up to 15 years imprisonment. Both state and federal charges can be brought simultaneously.
What did the 2025 S.12 law change about Vermont gun rights?: S.12 (2025) expanded record-sealing eligibility to include most misdemeanors and many nonviolent felonies such as burglary, property crimes, and drug trafficking. It replaced most references to 'expungement' with 'sealing.' However, violent crimes ('listed crimes') and sexual misconduct offenses remain excluded from automatic sealing. The law primarily helps nonviolent felons seeking to address the federal firearms disability by having their records sealed.

Take Action — Direct Links

13 V.S.A. § 4017 — Full Statute Text
Official text of Vermont's firearm prohibition statute for violent crime convictions, hosted by the Vermont Legislature.
Collateral Consequences Resource Center — Vermont Profile
Comprehensive guide to Vermont restoration of rights, pardon, expungement, and sealing, including gun rights information.
Vermont Governor's Office — Pardon Request
Official page for Vermont gubernatorial pardon applications, including the pardon application form and guidelines.
Giffords Law Center — Vermont Firearm Prohibitions
Summary of Vermont's firearm prohibition laws including who is prohibited and restoration mechanisms.
ATF State Laws and Published Ordinances — Vermont
ATF's official compilation of Vermont firearms statutes and regulations.
DOJ Office of the Pardon Attorney — Federal Firearm Rights Restoration
Information on the revived federal 18 USC 925(c) process, explicitly recognized by Vermont's § 4017 as providing an exemption from the state firearms prohibition.