Misch attorney files motion to dismiss case based on Second Amendment

Misch attorney files motion to dismiss case based on Second Amendment

Max Misch on July 22, 2019. Photo by Mike Dougherty/VTDigger An attorney representing Max Misch, a white supremacist from Bennington, has filed a motion arguing that a Vermont law limiting the size of high-capacity magazines violates the United States Constitution. The law, which Gov. Phil Scott signed in 2018, limits magazine sizes to 15 rounds for handguns and 10 for long guns. Misch was charged with two misdemeanors in February 2019 for illegally possessing two 30-round magazines, which he purchased in New Hampshire, according to a police filing. A lower court rejected Misch’s request that the judge throw out the case, which argued the law violated the Vermont Constitution. He appealed, and the state Supreme Court ruled against him in February, concluding “the magazine ban is a reasonable regulation of the right of the people to bear arms for self-defense.” A new motion, filed Oct. 29 in Bennington County Superior criminal court, argued that “because the statute, on its face and as applied here, violates the United States Constitution, the charges should be dismissed.” Rebecca Turner, supervising attorney with the Office of the Defender General who filed the motion on Misch’s behalf, referenced other cases including District of Columbia v. Heller, a landmark U.S. Supreme Court case from 2008 in which the court ruled that the District of Columbia’s handgun ban violated the Second Amendment. In that case, the Supreme Court “clarified that the Second Amendment protects the right to possess weapons that are ‘typically possessed by law-abiding citizens […]

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