Gun World

FPC: VT Supreme Court High Capacity Magazine Ruling Based on ‘Faulty Logic and Propaganda’

““We conclude that the magazine ban is a reasonable regulation of the right of the people to bear arms for self-defense….” And with that, the Vermont supreme court upheld the state’s ban on so-called high capacity magazines. This in a state that has had constitutional carry since 1903.

The court’s ruling went on to conclude that “the Legislature acted within its constitutional authority in determining that the limitation on large-capacity magazines [reduces the potential for injury and death in the event of a mass shooting].”

Here’s the Firearms Policy Coalition’s statement on the ruling . . .

Today, FPC condemned the Vermont Supreme Court for issuing a ruling upholding the State’s ban on common firearm magazines using faulty logic and propaganda. The opinion in State v. Misch, issued last week, and FPC’s brief arguing why the ban is unconstitutional can be found at FPCLegal.org.

Vermont law defines a “large-capacity” firearm magazine as a magazine with a capacity of more than 10 rounds for a long gun or more than 15 rounds for a handgun. As FPC argued in our brief, those magazines are both constitutionally protected and effective tools of self-defense. The State’s Supreme Court, however, held that the ban “is a reasonable regulation of the right of the people to bear arms for self-defense” and that “[t]he proper test is whether the restriction is a reasonable exercise of police power.”

“We are disappointed in the outcome of this case. Vermont’s founders were especially enthusiastic about liberty and the right to keep and bear arms. It’s unimaginable that they would have enshrined a constitutional right that allows the government to prohibit some of the most common and effective arms for self-defense,” said FPC’s Director of Constitutional Studies, Joseph Greenlee. “At the same time, we’re optimistic that the United States Supreme Court will address this issue favorably in the near future.”

Firearms Policy Coalition and its FPC Law team are the nation’s next-generation advocates leading the Second Amendment litigation and research space, having recently filed two United States Supreme Court petitions for certiorari (review) (Folajtar v. Attorney General and Holloway v. Attorney General) and several major federal Second Amendment lawsuits, including challenges to the State of Maryland’s ban on “assault weapons” (Bianchi v. Frosh), Philadelphia’s Gun Permit Unit policies and practices (Fetsurka v. Outlaw), Pennsylvania’s ban on carry by adults under 21 years of age (Lara v. Evanchick), California’s Handgun Ban and “Roster” laws (Renna v. Becerra), Maryland’s carry ban (Call v. Jones), New Jersey’s carry ban (Bennett v. Davis), New York City’s carry ban (Greco v. New York City), the federal ban on the sale of handguns and handgun ammunition by federal firearm licensees (FFLs) to adults under 21 years of age (Reese v. BATFE), and others, with many more cases being prepared today. To follow these and other legal cases FPC is actively working on, visit the Legal Action section of FPC’s website or follow FPC on Instagram, Twitter, Facebook, YouTube.

Firearms Policy Coalition (firearmspolicy.org) is a 501(c)4 nonprofit organization. FPC’s mission is to protect and defend constitutional rights—especially the right to keep and bear arms—advance individual liberty, and restore freedom through litigation and legal action, legislative and regulatory action, education, outreach, grassroots activism, other programs. FPC Law is the nation’s largest public interest legal team focused on Second Amendment and adjacent fundamental rights including freedom of speech and due process, conducting litigation, research, scholarly publications, and amicus briefing, among other efforts.

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