State’s legal team urges judge to throw out magazine limit lawsuit

State’s legal team urges judge to throw out magazine limit lawsuit

Vermont Solicitor General Benjamin Battles. Pool photo by April McCullum/Burlington Free Press The state of Vermont is asking a judge to toss out a lawsuit brought by sportsmen groups and firearms dealers challenging a law passed earlier this year that sets limits on the size of gun magazines. Vermont Solicitor General Benjamin Battles of the Attorney General’s office filed a motion to dismiss that lawsuit late Tuesday afternoon in Washington County Superior civil court, which is where the case is pending. “The Court should reject plaintiffs’ attempt to conjure a constitutional right to sell and possess large-capacity magazines in Vermont,” Battles wrote in the filing. “Courts around the country repeatedly have refused to find this right under the Second Amendment or parallel provisions in other state constitutions,” he added. “Indeed, many of those unsuccessful cases were litigated by the same attorneys representing the plaintiffs here.” Brady Toensing, a lawyer from Charlotte with the Washington, D.C.-based firm, DiGenova and Toensing, is representing the plaintiffs bringing the lawsuit. Last month, lawyers for Cooper and Kirk, another DC-based law firm, were added to the team for their experience litigating cases backed by the National Rifle Association. Toensing said late Tuesday afternoon that he had only just received the state’s 69-page filing and hadn’t yet had the time to review it and offer comment. Attorney General TJ Donovan said Tuesday afternoon that courts across the nation have ruled in favor of gun regulations. “I think it’s a public safety and public health concern […]

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