Questions, Questions

OK, how does one enforce a law like this:

The Vermont Statutes Online
Title 13: Crimes and Criminal Procedure
Chapter 85: WEAPONS
13 V.S.A. § 4003. Carrying dangerous weapons

A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man, or who carries a dangerous or deadly weapon within any state institution or upon the grounds or lands owned or leased for the use of such institution, without the approval of the warden or superintendent of the institution, shall be imprisoned not more than two years or fined not more than $200.00, or both.

Why do most people carry, openly or concealed, a dangerous or deadly weapon?

Is it because they plan on using it for show and tell? They just like the feel? Is it because of an increased sense of euphoria?

No, it's because they plan on using it for self-defence, but doesn't that require an intent or avowed purpose of injuring a fellow man?

Additionally, I decided to see how Middlebury uses its power to regulate firearms. The Town prohibits the discharge of firearms in certain areas.

I wouldn't want to chance it, but you can feel free to do what you want.

In the mean time, this will do:

Vermont is a capricious issue state, as we have no permit system. Concealed carry is legal for all without any need to apply for permits. The only legal requirement is the lack of any intent to breach the peace with said concealed weapon, covered in 13 VSA §4003 “Carrying dangerous weapons”:

“A person who carries a dangerous or deadly weapon, openly or concealed, with the intent or avowed purpose of injuring a fellow man, or who carries a dangerous or deadly weapon within any state institution or upon the grounds or lands owned or leased for the use of such institution, without the approval of the warden or superintendent of the institution, shall be imprisoned not more than two years or fined not more than $200.00, or both.”

This section of state statutes originated in 1892 and hasn’t been touched since the last general recodification of Vermont Statutes in 1947. Given the age of the statute, institution here appears to mean a penal or mental institution.

Mike W. is a dumbass

Let's see, I trust the Vermont State Police and AG a lot more than I do you, Mikey.

When the Vermont State Police Says:

Please be aware that Vermont does not at this time require or issue gun permits. Some Vermont towns and cities do have local ordinances, so if you are planning on visiting, it would be wise to contact the local police chief to find information pertaining to local information.

They might be aware of information that dumbass Mikey isn't.

And they are:

Vt. Stat. Ann. tit. 24, § 2291(8), as amended by 2006 Vt. Acts 173 § 3, provides that, "[f]or the purpose of promoting the public health, safety, welfare and convenience," a town, city or incorporated village shall have the power to "regulate or prohibit the use or discharge, but not possession of, firearms within the municipality or specified portions thereof, provided that an ordinance adopted under this subdivision shall be consistent with section 2295 of this title and shall not prohibit, reduce, or limit discharge at any existing sport shooting range, as that term is defined in section 5227 of title 10."

Come on, Mikey, go up to Vermont and carry a gun around. I want to see you get arrested and lose your gun rights.

And laugh my ass off at you making a complete dumbass of yourself.

Mikey, Put your money where your mouth is, go to Vermont and carry a firearm.

Winooski and Middlebury have local ordinances--go violate their local ordinance and see what happens.

As the report I quoted said:

“A number of cities in Vermont have municipal charters that specifically grant city bodies the authority to regulate or prohibit the possession and use of firearms. See, e.g., Vt. Stat. Ann. tit. 24A, §§ 17-2.4(b)(4), 127-104(2). The enforceability of such provisions is unclear in light of sections 2291(8) and 2295. In SBC Enterprises, Inc. v. City of South Burlington Liquor Control Commission, 689 A.2d 427, 429 (Vt. 1996), a case not involving firearms, the Supreme Court of Vermont held that a city’s charter provided sufficient authorization for the city’s entertainment ordinance. The court explicitly stated that it did not need to decide whether section 2291 also authorized the ordinance. Id.”

It’s nice to discuss this stuff in the abstract, but I wouldn’t have a job if it were all cut and dry. Cops can come up with ways to charge you as well that you wouldn't consider. For example, disorderly conduct: Couldn't walking around with a firearm be considered "Engaging in threatening behavior".

If the Vermont State Police advises that:
“Please be aware that Vermont does not at this time require or issue gun permits. Some Vermont towns and cities do have local ordinances, so if you are planning on visiting, it would be wise to contact the local police chief to find information pertaining to local information.”

It might be worth heeding their advice.

But, you Mikey are all wise and know everything. I hope your knowledge is correct when you do have your first run in with the cops.

OK, The City of Winooski

The Vermont Statutes Online
Title 24 Appendix: Municipal Charters
Chapter 17: CITY OF WINOOSKI
24 V.S.A. App. § 17-2.4(b)(4). General powers and duties
(4) To adopt, amend, repeal and enforce ordinances relating to the regulation or prohibition of the possession and use of dangerous objects and substances, and of firearms, air rifles, and other weapons and devices having a capacity to inflict personal injury, and to provide for the enforcement of penalties for violation or nonperformance.

And
The Vermont Statutes Online
Title 24 Appendix: Municipal Charters
Chapter 127: TOWN OF MIDDLEBURY §127-104(2)
(2) To adopt and enforce police ordinances regulating or prohibiting the use of firearms, air rifles and devices having a capacity to inflict personal injury, and the parking, operation and speed of vehicles of any kind upon Town and State aid streets and highways, private and public property, and to regulate or prohibit any activities constituting a hazard to the safety or health of the public.

OK, Mikey, go to Middlebury or Winooski and see if their laws are legal.

If Vermont were such a firearms heaven, why hasn’t everybody moved there?

I won’t debate you about this, I’ll challenge you to go to either of these Vermont Towns and test the legality of their local gun laws.

Be a real gun rights hero, Mikey, and put action over talk.

You can Contact Cindy Hill, 144 Mead Ln, Middlebury , VT 05753, (802)388-1664 to represent you.

It's your freedom, not mine that's at stake here!