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FPC Condemns “Misguided” Vermont Supreme Court Opinion Upholding State Ban on Common Firearm Magazines


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MONTPELIER, VT (February 22, 2021) — 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.

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