BENNINGTON  The Vermont Supreme Court may be been (sic) asked to review constitutional questions raised by attorneys for Max Misch, who faces two counts of possession of illegal high-capacity firearm magazines.

In his prior motion to dismiss the charges, Misch argued that the law violated Chapter I, Article 16 of the Vermont Constitution, guaranteeing the right of citizens to own firearms.
The motion also contended that a grandfathering section of the large-capacity magazine provision violated the "Common Benefits clause" of Chapter I, Article 7 of the Vermont Constitution by allowing some residents to possess such magazines  those who purchased them prior to the law's enactment  while prohibiting others from doing so.
But (Superior Court Judge) Cohen determined last month that the gun control law did not "contravene either constitutional provision and Mr. Misch's motion to dismiss is denied."

Originally Posted By MrYar:
Hope this goes somewhere

MONTPELIER  The Vermont Supreme Court has agreed to consider an appeal of a lower court's determination that a statewide ban on high-capacity magazines is constitutional, according to an order dated Aug. 7.

The defendant in the criminal case on appeal, Max Misch, a white nationalist and gun control opponent who lives in Bennington, was charged in February with two counts of violating the statute, which took effect Oct. 1. He has pleaded not guilty to the charges.

Bennington County Superior Court Judge William Cohen ordered the matter reported to the appellate court on July 19 following a joint request made by Misch's counsel and the Vermont Attorney General's office, which is prosecuting the case.

Cohen ruled in late June that the magazine ban does not violate the Vermont Constitution's common benefits clause or an article that pertains to the right to bear arms.

A court clerk told the Banner that the appeal is at a preliminary stage and that it might be heard in about three to six months. If the full court hears the appeal, "a decision may take several months," according to general information available on the Vermont Judiciary website.

If the Vermont Supreme Court "finds the statute unconstitutional, the charges against Mr. Misch would have to be dismissed, as these are based solely on the challenged statute," Cohen wrote in the July 19 order.

Misch has admitted to "trolling" former state Rep. Kiah Morris around the time she filed complaints of racially motivated harassment and threats. The Attorney General's office announced in January that Morris, who is African American, was a "victim of racial harassment" but found no grounds for criminal charges.

Originally Posted By Sprocket99:

Well, the Banner's never been long on the whole 'fair and balanced' thing. At least not in the ~19 years I've been here.

I'm not defending or condemning Misch. I've met the guy several times, though. He ain't the boogeyman the reportage would have you think he is.

From the article:
The Vermont State Supreme Court is currently hearing a challenge to the state's ban on magazines that can hold more than ten rounds of ammunition for long guns and fifteen rounds of ammunition for handguns, and a group of 18 anti-gun attorneys general have filed a friend-of-the-court brief with the state's high court in support of the ban. Maryland's Attorney General, Brian Frosh, says the only reason why anybody would want to own a "large capacity" magazine is to hurt people.

Originally Posted By nyrkba:Attorney General James Takes Action To Defend State Ban On Large-Capacity Magazines.

Originally Posted By ShovelMonkey:
cant but help think we are fucked, Montpelier is controlled by thinktank .orgs, there is no way they will let gun control be reversed.