This article by Luke Nathan originally appeared Oct. 16 in the Bennington Banner.
The Vermont Attorney General’s Office has filed a brief asking the state’s highest court to determine that a high-capacity magazine ban enacted last year comports with the Vermont Constitution.
Additionally, a group of 17 states and the District of Columbia, as well as nonprofit organizations Everytown for Gun Safety and the Giffords Law Center to Prevent Gun Violence, the latter joined by Vermont Medical Society and GunSense Vermont, filed amicus briefs that side with the attorney general’s office.
Max Misch, of Bennington, who was charged in February with two misdemeanor counts of violating the statute after he allegedly purchased two 30-round magazines in New Hampshire and brought them back to Vermont, has argued that the law violates the state constitution’s right-to-bear-arms provision and its common-benefits clause.
Bennington County Superior Court Judge William Cohen rejected that argument this summer and opted not to dismiss the attorney general’s case against Misch, who has pleaded not guilty to the charges.
The state and Misch’s counsel together sought an assessment of the magazine ban’s constitutionality from the Vermont Supreme Court, which agreed in August to consider the appeal.
The law prohibits the possession of magazines that have a capacity of more than 10 rounds of ammunition for long guns and 15 rounds for handguns, though it does not apply to such magazines lawfully acquired on or before the date — Oct. 1, 2018 — it took effect.
Read full article at the Bennington Banner.
(Fair use with written permission from the New England Newspapers Inc.)