A Vermont judge has rejected the latest bid by a self-professed white nationalist to toss out charges that he illegally possessed high-capacity firearm magazines in a case that stretches back nearly six years.
Judge Kerry McDonald-Cady, in a ruling last week in Bennington County Superior criminal court, denied Max Misch’s challenge of the constitutionality of the state’s magazine limits.
“The court cannot reach the conclusion from (Misch’s) arguments or from the record that possession of rifle or pistol magazines capable of holding 30 rounds of ammunition is conduct that the text of the Second Amendment protects,” McDonald-Cady wrote.
“Because (Misch), in the context of this case and in consideration of the record presented by both parties, fails to show that the possession of 30-round magazines is protected conduct,” the judge added, “the court’s analysis stops here, and the motion to dismiss is denied.”
The Vermont Attorney General’s Office, which is prosecuting the case, said in an emailed statement Monday afternoon that it was “pleased” with the court’s ruling.
Public defender Fred Bragdon, who is representing Misch, could not be reached Monday for comment.
A provision of a firearms law passed by the Vermont Legislature and signed into law by Gov. Phil Scott in 2018 set a 15-round limit for magazines used with handguns and a 10-round limit for those used with long guns. The measure also contained a “grandfather” clause that exempted magazines purchased before the provision went into effect.
READ MORE
Misch was charged in February 2019 with two misdemeanor offenses of illegally possessing
large-capacity rifle magazines. According to police, a search of his home in Bennington that took place after the law was in effect found two 30-round magazines.
Misch’s long-running case included a previous constitutional challenge to the law. The Vermont Supreme Court, in a 2021 ruling, upheld the constitutionality of the high-capacity magazine ban and the charges against Misch.
“We conclude that the magazine ban is a reasonable regulation of the right of the people to bear arms for self-defense,” the state’s highest court ruled at the time.
Misch, through his attorney, had moved to dismiss the two misdemeanor charges, claiming such limits were a violation of Article 16 of the Vermont Constitution, which states that “people have a right to bear arms for the defence of themselves and the state.”
In the latest bid to dismiss the case, Misch contended, citing in part a more recent U.S. Supreme Court decision, that the charges against him should be thrown out because he was exercising a right to self-defense that is protected under the Second Amendment of the U.S. Constitution.
Misch, in August 2022, received a probationary sentence after pleading guilty to disorderly conduct, a hate crime, and aggravated domestic assault under a deal with the Bennington County State’s Attorney’s Office.
The case against Misch on the two pending charges of illegally possessing high-capacity firearms has been set for jury selection April 1, followed by a trial.
Each of the two misdemeanor charges carries a possible maximum penalty of one year in jail and a $500 fine.
Read the story on VTDigger here: Judge upholds state’s high-capacity firearm magazine ban in case against white nationalist .