Vermont
13 V.S.A.  §4051 to §4061

Who May Petition

State's Attorney or Attorney General

Burden of proof for Emergency Order or Ex Parte Order

A finding by a preponderance of evidence that respondent poses an imminent and extreme risk of harming self or others by purchasing, possessing or receiving a dangerous weapon.

Notice and Opportunity

Court must set and hold a hearing within 14 days of issuance. Order must contain notice of hearing

Service

By any law enforcement agency. Court transmits order to LEA. 

What is Prohibited?

Purchasing, possessing, and receiving a dangerous weapon, or having within control

Relinquish Firearms

Required to surrender all dangerous weapons in custody, control, or possession to a named LEA, federally licensed firearm dealer, or court approved custodian.

Seizure by LEA

 

Burden of Proof at Hearing

A finding by clear and convincing evidence that respondent poses an imminent and extreme risk of harming self or others by purchasing, possessing or receiving a dangerous weapon.

Authority to Order Mental Health/Substance Abuse Evaluation

 

Entry into NICS

 

Duration of Order after Hearing

 Up to 6 months

Warrantless Arrest Permitted in Statute

 Not included in list of offenses for which warrantless arrest is permitted, Vermont Rule of Criminal Procedure Rule 3(c) 

Criminal Penalty

 1 year and/or up to $1000 

Contempt Penalty

Criminal contempt, 6 months and/or $1,000

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