Charlie Buttrey

February 20, 2021

In April 2018, two months after an alleged school shooting plot was uncovered in Fair Haven, Vermont’s Republican Governor Phil Scott signed into law a measure that banned high-capacity magazines (it defined a “high-capacity magazine” as a clip that held more than 10 rounds in a long gun, and more than 15 in a handgun). Seems reasonable enough to me.

But not to Max Misch.

Misch, a notorious white nationalist from Bennington, was the first person charged under the law when he allegedly went to New Hampshire, purchased two 30-round magazines, and then brought them into the State. The trial court rejected his motion to dismiss the charges on the grounds that they violated his rights under the Vermont State Constitution, which states that “the people have the right to bear arms for the defence of themselves and the State.”

Yesterday, the Vermont Supreme Court affirmed the lower court, ruling that the law constituted “a reasonable regulation of the right of the people to bear arms for self-defense.”

Am I the only one who thinks that if you need more than 15 rounds to defend yourself, you probably shouldn’t be carrying that firearm around in the first place?

© 2020 Charlie Buttrey Law by Nomad Communications