I need to get my property that is being held at MPD. How do I do that?
I need to get a copy of my accident report. Where do I go?
The Officer said he was going to leave an envelope at the front desk for me, and it's not here. I can’t remember his/her name. Why isn’t it here when the accident happened a week ago?
People are under the impression that an accident report will be filed immediately. In reality, Police Officers have 30 days to conduct an investigation and file a report. In the event the accident reports are not at the front desk, it is suggested that you call the investigating Officer or the Officer in Charge.
I would like to “press charges” against ____. How do I do that?
People are frequently under the impression that they can “press charges” against someone, and not aware of the fact that the State of Vermont actually brings the charge. In criminal cases, the State of Vermont, through a State's Attorney, makes a decision whether to bring a charge. In some cases, the State's Attorney may bring a charge even if the victim is not cooperative or does not wish to cooperate.
I can’t remember which Officer responded to my incident or which officer I spoke to.
I need to have my fingerprints taken. Can I do this at the Milton Police station?
If you are required by the court to provide fingerprints to the Milton Police Department, yes. If you are required to have your fingerprints taken for employment purposes, you need to call the Chittenden County Sheriff's Department at (802)863-4322 for an appointment. Please note that neither agency listed above provides fingerprinting for immigration purposes. If you require such a service, please contact the U.S. Citizenship and Immigration Services office in St. Albans.
I need to get a restraining order against ____. How do I do that?
Abuse Prevention Orders, sometimes called TROs, are issued by the Family Court. If you are trying to obtain such an order during normal business hours, you need to go to the Family Court at 32 Cherry Street, Burlington, Vermont. After court hours, you can contact the Milton Police Department at 893-2424 for assistance. Vermont Family Court can be contacted at (802) 651-1800.
My landlord/tenant and I are having a dispute about a civil matter. What can I do?
My roommate and I are having a dispute over property. What can I do?
Tenant occupancy and property ownership are complex issues that are covered under Vermont Law. These issues are not covered under criminal law, and often police will respond to explain the legal issues or make referrals. Generally speaking, a tenant cannot be evicted from their property without cause. Landlords and property managers cannot deny access to the residence, electricity, heat, water, other utilities or property. You may obtain further information at http://www.cvoeo.org/htm/housing/tenants/renting_in_vt.html.
Selected Vermont Laws Governing the Use and Possession of Firearms
The following are selected Vermont statutes dealing with the use and possession of firearms. For a complete listing of Vermont's firearm statutes, please consult the Vermont Statutes Online, at http://www.leg.state.vt.us/statutesmain.cfm.
Vermont's hunting laws and regulations can be found at http://www.vtfishandwildlife.com/.
§ 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.
§ 4004. Possession of dangerous or deadly weapon in a school bus or school building or on school property
(a) No person shall knowingly possess a firearm or a dangerous or deadly weapon while within a school building or on a school bus. A person who violates this section shall, for the first offense, be imprisoned not more than one year or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.
(b) No person shall knowingly possess a firearm or a dangerous or deadly weapon on any school property with the intent to injure another person. A person who violates this section shall, for the first offense, be imprisoned not more than two years or fined not more than $1,000.00, or both, and for a second or subsequent offense shall be imprisoned not more than three years or fined not more than $5,000.00, or both.
(c) This section shall not apply to:
(1) A law enforcement officer while engaged in law enforcement duties.
(2) Possession and use of firearms or dangerous or deadly weapons if the board of school directors, or the superintendent or principal if delegated authority to do so by the board, authorizes possession or use for specific occasions or for instructional or other specific purposes.
(d) As used in this section:
(1) "School property" means any property owned by a school, including motor vehicles.
(2) "Owned by the school" means owned, leased, controlled or subcontracted by the school.
(3) "Dangerous or deadly weapon" has the meaning defined in section 4016 of this title.
(4) "Firearm" has the meaning defined in section 4016 of this title.
(5) "Law enforcement officer" has the meaning defined in section 4016 of this title.
(e) The provisions of this section shall not limit or restrict any prosecution for any other offense, including simple assault or aggravated assault.
§ 4005. While committing a crime
A person who carries a dangerous or deadly weapon, openly or concealed, while committing a felony or while committing an offense under section 667 of Title 7, or while committing the crime of smuggling of an alien as defined by the laws of the United States, shall be imprisoned not more than five years or fined not more than five years or fined not more than $500.00, or both.
§ 4006. Record of firearm sales
All pawnbrokers and retail merchants dealing in firearms shall keep a record book in which they shall record the sale by them of all revolvers and pistols, and the purchase by them of all second-hand revolvers and pistols. Such record shall include the date of the transaction, the marks of identification of the firearm, including the manufacturer's name, the caliber, model and manufacturer's number of the firearm, the name, address, birthplace, occupation, age, height, weight and color of eyes and hair of the purchaser or seller. Such purchaser or seller shall sign his name to the record and the pawnbroker or merchant shall-preserve such record book for six years after the date of last entry and shall permit all enforcement officers to inspect the same at all reasonable times. A person, partnership or corporation-who violates a provision of this section shall be fined not more than $100.00.
§ 4007. Furnishing firearms to children
A person, firm or corporation, other than a parent or guardian, who sells or furnishes to a minor under the age of sixteen years a firearm or other dangerous weapon or ammunition for firearms shall be fined not more than $50.00 nor less than $10.00. This section shall not apply to an instructor or teacher who furnishes firearms to pupils for instruction and drill.
§ 4008. Possession of firearms by children
A child under the age of sixteen years shall not, without the consent of his parents or guardian, have in his possession or control a pistol or revolver constructed or designed for the use of gunpowder or other explosive substance with leaden ball or shot. A child who violates a provision of this section shall be deemed a delinquent child under the provisions of chapter 11 of Title 33.
§ 4009. Negligent use of gun
A person who carelessly or negligently wounds another person by gunshot shall be imprisoned not more than five years or fined not more than $1,000.00, or both.
§ 4010. Gun silencers
A person who manufactures, sells or uses or possesses with intent to sell or use, an appliance known as or used for a gun silencer shall be fined $25.00 for each offense. The provisions of this section shall not prevent the use of possession of gun silencers for military purposes when so used or possessed under proper military authority and restriction.
§ 4011. Aiming gun at another
Any person who shall intentionally point or aim any gun, pistol or other firearm at or towards another, except in self-defense or in the lawful discharge of official duty, shall be punished by fine not exceeding $50.00. Any person who shall discharge any such firearm so intentionally aimed or pointed shall be punished by imprisonment for not more than one year or fined not more than $100.00, or both.
§ 4012. Reporting treatment of firearm wounds
(a) Every physician attending or treating a case of bullet wound, gunshot wound, powder burn, or any other injury arising from or caused by the discharge of a gun, pistol, or other firearm, or whenever such case is treated in a hospital, sanitarium or other institution, the manager, superintendent or other person in charge shall report such case at once to local law enforcement officials or the state police. The provisions of this section shall not apply to such wounds, burns or injuries received by a member of the armed forces of the United States or state of Vermont while engaged in the actual performance of duty.
(b) A person violating the provisions of this section shall be fined not more than $100.00.
§ 4013. Zip guns; switchblade knives
A person who possesses, sells or offers for sale a weapon commonly known as a "zip" gun, or a weapon commonly known as a switchblade knife, the blade of which is three inches or more in length, shall be imprisoned not more than ninety days or fined not more than $100.00.
§ 4014. Purchase of Firearms in Contiguous States
Residents of the state of Vermont may purchase rifles and shotguns in state contiguous to the state of Vermont, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations hereunder, as administered by the United States Secretary of the Treasury, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Vermont and in the contiguous state in which the purchase is made.
§ 4015. Purchase of firearms by nonresidents
Residents of a state contiguous to the state of Vermont may purchase rifles and shotguns in the state of Vermont, provided that such residents conform to the applicable provisions of the Gun Control Act of 1968, and regulations thereunder, as administered by the United States Secretary of the Treasury, and provided further that such residents conform to the provisions of law applicable to such purchase in the state of Vermont and in the state in which such persons reside.
§ 4016. Weapons in Court
(a) As used in this section,
(1) "Courthouse" means a building or any portion of a building designated by the supreme court of Vermont as a courthouse.
(2) "Dangerous or deadly weapon" means any firearm, or other weapon, device, instrument, material or substance, whether animate or inanimate, which in the manner it is used or is intended to be used is known to be capable of producing death or serious bodily injury.
(3) "Firearm" means any weapon, whether loaded or unloaded, which will expel a projectile by the action of an explosive and includes any weapon commonly referred to as a pistol, revolver, rifle, gun, machine gun or shotgun.
(4) "Law enforcement officer" means a person certified by the Vermont criminal justice training council as having satisfactorily completed the approved training program required to meet the minimum training standards applicable to that person pursuant to 20 V.S.A. 2358.
(5) "Secured building" means a building with controlled points of public access, metal screening devices at each point of public access, and locked compartments, accessible only to security personnel for storage of checked firearms.
(b) A person who, while within a courthouse and without authorization from the court,
(1) carries or has in his or her possession a firearm; or
(2) knowingly carries or has in his or her possession a dangerous or deadly weapon, other than a firearm, shall be imprisoned not more than one year or fined not more than $500.00, or both.
(c) Notice of the provisions of subsection (b) of this section shall be posted conspicuously at each public entrance to each courthouse.
(d) No dangerous or deadly weapon shall be allowed in a courthouse that has been certified by the court administrator to be a secured building. Vermont Department of Corrections