The Vermont Senate has moved forward with S. 329, a bill that would establish a statewide ban on firearms in bars and restaurants that serve alcohol. The legislation, which passed on preliminary approval along party lines, aims to replace a long-stalled Burlington charter change with a uniform state law—though it faces a likely veto from Governor Phil Scott, who has expressed skepticism regarding its enforceability.
MONTPELIER, VT — A decade-long effort to separate firearms and alcohol in Burlington has transformed into a statewide legislative battle. On Thursday, May 7, 2026, the Vermont Senate advanced a measure that would make it a crime to carry a firearm into any establishment licensed to serve alcohol.
The bill, introduced by Senate President Pro Tempore Phil Baruth, is a direct response to a 2024 fatal shooting outside a Burlington nightclub and the subsequent frustration over the legislature’s failure to approve a voter-backed city charter change. By expanding the ban statewide, proponents argue they are eliminating the “patchwork” of laws that critics previously used to block local measures.
Legal Precedent and “Sensitive Places”
A key driver in the 2026 push is a recent ruling from the Fifth Circuit Court of Appeals, which upheld a similar law in Texas. The court concluded that bars and restaurants serving alcohol can be classified as “sensitive places,” allowing states to restrict firearm carry without violating the Second Amendment under the Bruen historical tradition framework.
In Vermont, current law allows individual business owners to prohibit firearms on their premises, but there is no state-level criminal penalty for doing so unless the individual refuses to leave (trespassing). S. 329 would elevate this to a specific gun-safety violation, allowing law enforcement to intervene more directly.
Veto Outlook
Despite the Senate’s momentum, the bill’s future remains precarious. Governor Phil Scott, a Republican, has repeatedly stated his opposition to both municipal and statewide bans on guns in bars. Scott’s primary concerns include:
- Enforcement: Questioning how bar staff would effectively screen for concealed weapons.
- Consistency: While he previously opposed a “piecemeal” ban, he has indicated he would likely veto a statewide version as well, preferring to focus on mental health and criminal justice reform.
Safety Tip: For Vermont gun owners, the legal landscape regarding “sensitive places” is shifting. Even without a state ban, a “No Guns Allowed” sign on a private business carries the weight of a trespass warning. If S. 329 becomes law, the mere act of carrying into a tavern—even if you are not drinking—could become a criminal offense. This aligns with many “Red States” like Kentucky and Louisiana that already have similar prohibitions. As a responsible carrier, the best practice is to always scout for signage and, if the law passes, transition to a “deep concealment” strategy for your vehicle or secure the firearm before entering any establishment where the primary business is the sale of alcohol.
