Court denies white nationalist: Defense, prosecution ready to take the case to trial

Court denies white nationalist: Defense, prosecution ready to take the case to trial

Max Misch appeared in court on July 22, 2019, in Bennington, Vt. (VtDigger – Mike Dougherty) Max Misch, bottom right, participates by video link to a hearing in Bennington Superior criminal court on Monday, Dec. 20, 2021. (Screenshot) Screenshot A judge has denied a Bennington, Vt., white nationalist’s second attempt to have his firearm magazine charges thrown out, bringing the case closer to trial. Max Misch, 38, is accused of possessing two large-capacity rifle magazines in 2019 despite a state ban. He asked the Vermont Superior Court to dismiss his twin misdemeanor charges in October, contending the state law limiting magazine sizes violates the Second Amendment of the U.S. Constitution. The statute limits magazine sizes to 15 rounds for handguns and 10 rounds for long guns. Republican Gov. Phil Scott signed it into law in April 2018, two months after an alleged school shooting plot was uncovered in Fair Haven, Vt. Misch previously argued the statute violated the Vermont Constitution, but the Vermont Supreme Court earlier this year upheld the Superior Court’s denial. In a written order from Vermont Superior Court in Bennington last week, Judge Cortland Corsones ruled the statute does not violate the U.S. Constitution. He cited the Supreme Court’s decision in Misch’s first dismissal attempt, which found that the law’s objective is “significant, substantial, and important,” and there is a “reasonable fit” between the magazine ban and that objective. Quoting the Supreme Court decision, Corsones wrote that the legislative record shows the magazine law was crafted […]

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