Explosives and Tear Bombs

V.S.A. tit. 20, ch. 177, subch. 2

in effect

20 V.S.A. § 3061 Possession

3061. Possession A person who keeps or suffers to be kept upon premises owned or occupied by him or her, within 50 rods of an inhabited building of another person, more than 50 pounds of gunpowder or nitroglycerine at one time, or more than one pound unless contained in sound canisters of tin or other metal, or a package containing more than 50 pounds of dynamite shall be fined $25.00, and $25.00 additional for each day that it is so kept after notice from an inhabitant of such town to remove the same.

20 V.S.A. § 3062 Unlawful transportation

3062. Unlawful transportation (a) No person shall transport, carry, or convey from one place in this State to another place in this State dynamite, gunpowder, or other explosive on a vessel or vehicle of any description operated by a common carrier, which vessel or vehicle is carrying passengers for hire. (b) No person shall transport, carry, or convey intrastate liquid nitroglycerine, fulminate in bulk in dry condition, or other like explosive on a vessel or vehicle of any description operated by a common carrier in the transportation of passengers or articles of commerce by land or water.

20 V.S.A. § 3063 Lawful transportation

3063. Lawful transportation It shall be lawful to transport on such vessel or vehicle small arms; ammunition in any quantity; and such fuses, torpedoes, rockets, or other signal devices, as may be essential to promote safety in operation, and properly packed and marked samples of explosives for laboratory examination, not exceeding a net weight of a half pound each, and not exceeding 20 samples at one time in a single vessel or vehicle, but such samples shall not be carried in that part of a vessel or vehicle that is intended for transportation of passengers for hire. However, subsection 3062(a) of this title shall not be construed to prevent the transportation of military or naval forces with their accompanying munitions of war on passenger equipment, vessels, or vehicles.

20 V.S.A. § 3064 Marking packages

3064. Marking packages Every package containing explosives or other dangerous articles when presented to a common carrier for shipment shall have plainly marked on the outside the contents thereof. No person shall deliver or cause to be delivered to a common carrier an explosive or other dangerous article under a false or deceptive marking, description, invoice, shipping order, or other declaration, or without informing the agent of such carrier of the true character thereof, at or before the time such delivery for carriage is made.

20 V.S.A. § 3065 Penalties

3065. Penalties (a) A person who knowingly violates, or causes to be violated, a provision of sections 3062-3064 of this title, or a regulation made by the Public Utility Commission in pursuance thereof, shall be imprisoned not more than 18 months or fined not more than $2,000.00, or both. (b) When the death or bodily injury of a person is caused by the explosion of any explosive named in sections 3062-3064 and 3091-3092 of this title, while the same is being placed upon a vessel or vehicle to be transported in violation hereof, or while the same is being so transported, or while the same is being removed from such vessel or vehicle, the person who knowingly places or aids or permits the placement of such explosives upon such vessel or vehicle to be so transported shall be imprisoned not more than ten years. Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961.

20 V.S.A. § 3071 Possession by employee

3071. Possession by employee For the purposes of this division, explosives in the possession of an employee who is acting within the scope of his or her duties shall be considered to be in the possession of the employer. Added 1971, No. 107, § 10, eff. May 22, 1971.

20 V.S.A. § 3072 Issuance of license

3072. Issuance of license (a) Any person who is at least 18 years of age may apply to the Commissioner of Public Safety for a license to possess, purchase, store, use, transport, give, transfer, or sell explosives, as defined in 13 V.S.A. § 1603, in this State for not more than one year from the date of issue. (b) An applicant for a license shall be entitled to the issuance of the license upon the submission of evidence, under oath, that satisfies the Commissioner of Public Safety that the applicant: (1) has a reasonable and lawful purpose for possessing, purchasing, storing, using, transporting, giving, transferring, or selling explosives; (2) has not been convicted of an offense with a maximum term of imprisonment that exceeds one year within the seven years preceding the application; (3) has not been adjudged incompetent to stand trial or not guilty by reason of insanity, or has not been indicted by reason of insanity pursuant to 13 V.S.A. § 4817, 4818, or 4819 by a court of competent jurisdiction in this or any other jurisdiction; and (4) demonstrates that he or she is competent to possess, purchase, store, use, transport, give, transfer, or sell the explosives, as the case may be. (c) The application for a license shall be in duplicate on forms provided by the Commissioner of Public Safety and shall bear the name, address, and signature of the licensee or an officer of the licensee. The original shall be delivered to the licensee and the duplicate shall be preserved for three years by the Commissioner of Public Safety. (d) The license shall be issued or denied within 15 days after the application is submitted. If the application is denied, the reasons for the denial shall be stated in writing with a copy mailed to the applicant. (e) The Commissioner of Public Safety may revoke any license issued under this division if, in his or her opinion, the holder has violated any provision of this division or of 13 V.S.A. §§ 1603-1611, or is ineligible to acquire explosives or to obtain a license under this section. A written notice of a revocation of a license by the Commissioner of Public Safety shall be given to the holder of the license in person or by certified mail prior to or concurrently with the effective date of the revocation. The notice shall state specific grounds upon which the revocation is based. Added 1971, No. 107, § 10, eff. May 22, 1971; amended 2013, No. 96 (Adj. Sess.), § 125; 2021, No. 20, § 185.

20 V.S.A. § 3073 Fees

3073. Fees The fee for applications for licenses shall be $50.00 for residents of the State and $100.00 for nonresidents. Initial licenses shall be for a term of one year. License renewals shall be for three years for a fee of $75.00 for residents and $150.00 for nonresidents. Fees collected under this section shall be credited to a special fund and shall be available to the Department of Public Safety to offset the cost of providing the service. Added 1971, No. 107, § 10, eff. May 22, 1971; amended 1983, No. 195 (Adj. Sess.), § 5(b); 1999, No. 49, § 163; 2005, No. 72, § 17.

20 V.S.A. § 3074 Appeals

3074. Appeals Any person denied a license for failing to satisfy the requirements enumerated in subsection 3072(b) of this title or whose license is revoked may, within 15 days after the date of the written denial of the person’s application, request a hearing before the Commissioner of Public Safety. The Commissioner of Public Safety shall record any evidence offered by or on behalf of the person seeking the license, and also shall record any evidence denying or revoking the license, and list findings of fact upon which a decision was based. In the event the license is again denied or its revocation continued for failure to satisfy the requirements enumerated in subsection 3072(b) of this title, an appeal may be taken to the appropriate Superior Court. Added 1971, No. 107, § 10, eff. May 22, 1971; amended 1973, No. 193 (Adj. Sess.), § 3, eff. April 9, 1974; 2021, No. 105 (Adj. Sess.), § 396, eff. July 1, 2022.

20 V.S.A. § 3075 Rules

3075. Rules The Commissioner of Public Safety may adopt rules under 3 V.S.A. chapter 25 to implement the provisions of this division and to govern the storage, transportation, and the manner of use of explosives as defined in 13 V.S.A. § 1603. Added 1971, No. 107 § 10, eff. May 22, 1971; amended 2021, No. 20, § 186; 2021, No. 105 (Adj. Sess.), § 397, eff. July 1, 2022.

20 V.S.A. § 3076 Penalties

3076. Penalties Any person convicted of violating the rules adopted under this division or of making a false statement in applying for a license under this division shall be fined not more than $1,000.00 or imprisoned not more than five years, or both. Added 1971, No. 107, § 10, eff. May 22, 1971; amended 2021, No. 20, § 187.

20 V.S.A. § 3091 Permit

3091. Permit No person shall manufacture, possess, use, or transport bombs, commonly called tear bombs, without first securing a written permit from the Commissioner of Public Safety. Such permits shall be of such form and conditions and for such length of time as the Commissioner of Public Safety may prescribe, and he or she may revoke for cause any permit so granted.

20 V.S.A. § 3092 Penalties

3092. Penalties A person who violates the provisions of section 3091 of this title may be fined not more than $1,000.00 or imprisoned for a period not exceeding one year, or both. Amended 1981, No. 223 (Adj. Sess.), § 23.

Source: Vermont General Assembly (legislature.vermont.gov)URL: https://legislature.vermont.gov/statutes/chapter/20/177Fetched: 10/21/2026