Vermont’s Supreme Court upholds state’s first major gun-control law

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The Vermont’s Supreme Court has upheld a new state law prohibiting high-capacity magazines, affirming the validity of the state’s first major gun-control law.

The case is the court’s first since Governor Phil Scott signed the protection into law in April 2018, two months after authorities discovered alleged plans for a mass school shooting in Fair Haven, Vermont.

The law, 13 VSA and 4021(a), bans people from manufacturing, possessing, transferring, selling, purchasing, receiving or importing large-capacity magazines in the state of Vermont.

The law also sets limits for magazine sizes at 15 rounds for handguns and 10 rounds for long guns.

In February 2019, Max Misch allegedly traveled to a New Hampshire gun retailer, purchased two 30-round magazines for a rifle and transported them back into Vermont.

Misch moved to dismiss his charges under the high-capacity prohibition and asserted that the law violates the right to bear arms under Article 16 of the Vermont Constitution.

The court also considered the state legislature’s aim of preventing catastrophic harm to the people of Vermont and determined that there was no question that reducing the potential for injury and death in the event of a mass shooting is a proper Legislative purpose.

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