Gun Rights and Domestic Violence Charges in Vermont: Relinquishment and Retrieval
If you are served with a Relief from Abuse order or charged with domestic violence in Vermont, you will be ordered to immediately relinquish all firearms. A conviction can trigger a lifetime federal gun ban under the Lautenberg Amendment, making aggressive legal defense essential.
Vermont has a long, proud tradition of hunting, sport shooting, and firearm ownership. However, when an allegation of domestic violence is made, your Second Amendment rights can be stripped away in an instant. Both state and federal laws intersect to heavily regulate and restrict firearms access for anyone accused of, or convicted of, domestic abuse. For many Vermonters, losing their firearms is not just a loss of property; it is a loss of their heritage, their sense of safety, and sometimes their livelihood.
Understanding the collateral consequences of a domestic violence charge on your gun rights is critical. The moment a family court signs a temporary restraining order, or a criminal court arraigns you on a domestic assault charge, mandatory relinquishment orders are issued. Navigating the difference between Vermont's civil orders, 'Red Flag' laws, and permanent federal bans requires specialized legal knowledge. In this guide, we will detail how relinquishment works, the federal traps you must avoid, and the exact legal steps required to retrieve your property if the charges are dismissed. You can use our US Lawyers directory to find an attorney who understands both criminal defense and constitutional rights.
The Legal Process of Firearm Relinquishment in Vermont
In Vermont, your guns can be taken away through criminal courts, family courts, and civil petitions. Understanding which type of order you are facing dictates how your attorney will fight to get them back.
Step 1: Relinquishment Orders During Pending RFAs
If an estranged partner files for a civil Relief from Abuse (RFA) order in a family court, such as the Rutland Unit Family Division, Rutland, the judge will almost always include a firearms restriction in the emergency ex parte order. Under 15 V.S.A. § 1104, the court will issue an Order to Relinquish Firearms. You will be legally required to immediately surrender all guns and ammunition to a designated law enforcement agency, such as the Vermont State Police, Waterbury or a local department. Sometimes, the court may allow you to surrender them to a licensed federal firearms dealer (FFL), but this must be strictly documented and approved by the judge.
Step 2: The Lautenberg Amendment Explained
The greatest threat to your gun rights is the federal government. Even if you avoid a felony and plead guilty to a simple misdemeanor domestic assault in a Vermont state court, the federal Lautenberg Amendment-found in 18 U.S.C. § 922(g)(9)-makes it a federal felony for you to ever possess a firearm or ammunition for the rest of your life. This federal lifetime ban applies to any misdemeanor crime of domestic violence. This is why you must never accept a plea deal without your lawyer explicitly analyzing how the conviction interacts with federal firearm statutes.
Step 3: Extreme Risk Protection Orders (ERPOs) vs. DV Orders
Vermont also utilizes Extreme Risk Protection Orders (ERPOs), often called 'Red Flag' laws, governed by 13 V.S.A. § 4054. An ERPO is different from a domestic violence RFA. An ERPO is specifically requested by the State's Attorney or the Office of the Attorney General when they believe you pose an extreme risk to yourself or others, even if no crime has been committed. While an RFA restricts contact with a specific person and takes your guns as a collateral measure, an ERPO's sole purpose is the seizure of your firearms.
Step 4: The Legal Process for Retrieving Firearms
If your defense attorney successfully gets the criminal domestic violence charges dismissed, or if you win your final RFA hearing and the temporary order is vacated, your guns are not automatically shipped back to your house. You must file a formal motion for the return of property with the court that issued the relinquishment order. You will submit Form 400-00152B, Vermont, Family Division, Motion for Order to Release Firearms. The court will then run a background check to ensure you have no other pending charges or active warrants before issuing an order directing the police department to release your property.
How Much Does it Cost in Vermont?
Defending your freedom and your constitutional rights requires investing in private legal counsel.
| Service / Expense | Estimated Cost in Vermont |
|---|---|
| Criminal Defense Retainer (DV Charge) | $3,500 to $7,500+ |
| FFL Firearm Storage Fees | $20 to $50 per month (if surrendered to a dealer) |
| Motion for Return of Property | $500 to $1,500 (Attorney drafting and hearing) |
How Long Does the Process Take?
Relinquishment is immediate. When the police serve you with the order, they take the firearms right then and there. How long they are gone depends entirely on your case. A temporary RFA might be resolved in 14 days, meaning you could file for retrieval in just a few weeks. However, if you are fighting a criminal domestic violence charge, the discovery, pre-trial motions, and jury trial can drag on for 6 to 12 months. During this entire period, the police or the FFL will hold your firearms.
Frequently Asked Questions (FAQ)
Can I give my guns to a friend or family member instead of the police?
Generally, no. Under modern Vermont relinquishment laws, you are heavily restricted from transferring firearms to a buddy or a family member during a pending domestic violence case. Surrender must almost always be to law enforcement or a federally licensed firearms dealer approved by the court.
Does the police department charge a fee to store my guns?
State and local police departments generally do not charge you a monthly storage fee for firearms surrendered pursuant to a court order. However, if you use a private FFL dealer, they will charge you commercial storage rates.
What if I lie and say I don't own any guns?
Lying on the court's relinquishment affidavit or hiding firearms is a separate crime. It constitutes perjury and contempt of court. If law enforcement later discovers hidden firearms, you will face severe criminal charges and near-certain jail time.
Can I still hunt with a bow if I have a firearms restriction?
Typically, yes. Most federal and state domestic violence restrictions specifically define firearms (weapons using an explosive charge). Unless the judge's order specifically bans all deadly weapons, bow hunting is generally still permitted, but you should always confirm this with your attorney first.
No reviews yet. Be the first to share your experience!