A county judge in Vermont has thrown out a case where the plaintiff argued that his arrest for possessing a firearm magazine holding more than the state government permitted was unconstitutional under the Second Amendment.
Max Misch, a self-proclaimed white nationalist (which has nothing to do with the application of the law), was arrested nearly six years ago for possessing so-called “high-capacity” magazines. He took the state to court, arguing that magazines holding more than 10 rounds are in “common use” and, thereby, protected under the Second Amendment.
Judge Kerry McDonald-Cady of the Bennington County Superior Court, however, disagreed.
“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 in the ruling.
Judge McDonald-Cady further pointed out in the ruling that the plaintiff’s lawyers didn’t make an adequate case concerning Second Amendment protections.
“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 court’s analysis stops here, and the motion to dismiss is denied,” Judge McDonald-Cady wrote.
According to a report at vnews.com, part of a law passed back in 2018 outlawed handgun magazines holding more than 15 rounds and long gun magazines holding more than 10 rounds.
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.
Interestingly, the question of whether such magazines are in “common use” and, thereby, protected by the Second Amendment has been answered, just not by the courts. According to a recently released report from the National Shooting Sports Foundation (NSSF), magazines that hold 11 rounds or more are the “national standard.”
According to the report, which surveyed over 30 years of detachable magazine production and distribution, revealed that of the conservatively 963,772,000 detachable magazines supplied from a firearm manufacturer and in the aftermarket, at least 717,900,000 have a capacity exceeding 10 rounds.
“The Detachable Magazine Report (1990-2021) confirms what NSSF has known—that the national standard for magazine capacity for America’s gun owners is greater than 10 rounds,” the organization stated in a news item detailing the report. “With nearly 1 billion detachable magazines in circulation, for both rifles and pistols, they are unquestionably commonly-owned and commonly-used for lawful firearm use, including recreational target shooting, hunting and self-defense. They are ‘arms’ within the meaning of the Second Amendment. Detachable magazines are integral to the design of, and necessary for the proper functioning of, today’s modern semi-automatic firearms.”
It’s only twenty seven words for a reason. That needs to be hammered home.
What happens when a court fails to Protect a Constitutional Right against an agenda History Confirms is Rooted in Racism and Genocide called Gun Control.
if it has been answered already why are the courts continually ruling against it? The SC needs to administer a list of rulings to quash the level of judicial ineptitude going on.
Because they are allowed to. By the people.
This case needs to be elevated.
The modern day followers of King George III would prefer to remove all powder & shot from the common folk rabble-rousers. Ten rounds are ten rounds too many.
rabble rabble, rabble rabble
Hamburgler is that you???
I certainly wish The Supremes would have sung a different song then the in common use thing.
A twisting of words that can and will be used against us in the future I do believe.
ps.
plastic magazines suck
“plastic magazines suck”
specifically, which ones ?
The plastic ones.
Poke
Poke
Have a Good Day
sigh
“plastic magazines suck”
another ‘browse by writing’ that doesn’t say anything at all.
OK, lets try it this way then… which manufacturers magazines and the name and model of those “plastic magazines” that “suck”.
It would be nice to know, and why, so they could be avoided.
promag.
Not a fan of ProMag, myself.
I’ve never experience any issues over the years with my Magpuls, for any platform. Curiously, not a single failure yet, ever.
MagPul’s G17 mags do suck. I have 10 of them round here somewhere from buying a Dagger to test out for giggles.
10/10 trash. I will place them in the dumpster next time I find them.
Justice Scalia at heart was just another judge who liked judging. He built in wiggle and waffle room on purpose. “Like most rights, the right secured by the Second Amendment is not unlimited. [It is] not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose.” Bullshirt!!!! No one would deny Revolutionary War muskets are protected (well almost), but as best I can tell they are not in common use.
IIRC that was added in to bring Kennedy onboard.
Plastic breaks metal bends you can’t rebend broken plastic.
Plastic wears quicker then metal.
Plastic is great for a disposable economy.
So how does the state know when that magazine was purchased?
IIRC, it’s actually legally possessed in the state prior to the date of the law rather than when purchased, so the victim may have moved there since 2018.
IIRC, the VT Supreme Court used a bit of bizarre reasoning to sustain the law, finding that LCMs are extremely effective when wielded by a mass shooter (thus giving the state a safety interest in restricting them) but then magically transforming to have no benefit when used in self defense (thus restricting them had no impact on gun owners’ rights to bear arms in self defense).
That’s hilarious reasoning.
Trying to keep that reasoning *alive* is, I suspect, the reason they always give cops a carveout. It’s not really about keeping the cops happy per se, it’s about avoiding having the arguments introduced that *professional law enforcement prefers full sized mags for safety reasons*.
Shire-man, that is a good question. It is a matter of time before the claim of ownership is said to be before the ban and then the court will ask for some form of evidence of purchase.
Wouldn’t it be the state’s job to prove that it wasn’t instead of the owner’s job to prove that it was?
Correct. It is up to the state to prove their case, not for the defendant to prove their innocence.
Federal Appeals Judge ATTACKS Ninth Circuit for Gaming 2nd Amendment Cases.
The US Court of Appeals, Ninth Circuit, holds arm (butterfly knife) ban challenge from Hawaii to be moot but a powerful dissent by Judge Lawrence VanDyke takes exception to parts of majority’s ruling. Mark Smith Four Boxes Diner discusses.
h ttps://www.youtube.com/watch?v=NyhqZ2AynMc
He’s one of the few good judges in the Ninth District Circus Court.
Armed Virginia Homeowner Shoots Intruder Attempting To Forcefully Break Into His Home.
(Colion): “In Fairfax County, Virginia, at around 2:30 a.m. on Wednesday, a homeowner defended their family by shooting an intruder who was forcefully trying to break into their home.
According to the Fairfax County Police Department, the intruder continued his attempts to enter the home even as the homeowner stayed on the line with 911.
With no other option, the homeowner fired, striking the suspect in the upper body.
The intruder was taken to the hospital with life-threatening injuries, while the residents inside remained unharmed.
This incident underscores the importance of the **Castle Doctrine**, which gives Virginians the right to use force to protect their homes if they believe an intruder poses a serious threat.
But here’s the question: Why isn’t this right universally recognized across the country?
Cameras and alarms can’t stop intruders—preparedness and the ability to act can. Criminals don’t respect boundaries, and your home should always be your safe haven.
This is why self-defense laws matter, and why we must demand consistency in protecting our rights.
…”
h ttps://www.youtube.com/watch?v=1JuoLDZi5f0
I thought that said “armed virgin” at first
aq…It’s azzhats exactly like you who made this ruling possible…Take a bow.
Hey Deb did that hit too close to home?
Geoff offered you help with that problem.
deflowerings, the casting out of false prophets, smitings and the acceptance of donations.
not necessarily in that order, list incomplete.
Trump Pardons Pro-Life Protesters.
h ttps://pjmedia.com/sarah-anderson/2025/01/23/trump-pardons-pro-life-protesters-n4936308
Take Your Butt to Work Day: Federal Employees Chafe at Returning to the Office.
h ttps://pjmedia.com/lincolnbrown/2025/01/23/take-your-butt-to-work-day-federal-empolyess-chafe-at-a-returning-to-the-office-n4936302
Protesting baby murder with peaceful words is a threat to, um, baby murder? We better bring the full force of the fed gov down on these people, including the typical over the top Puppet-Harris federal agent show of force raids to pick up peaceful protestors. Who’s the tyrant again?
The libertarians liberals and the left have never believed in the 1st amendment. But they do believe in p-orn. They believe in burning a cross on someone else’s private property. But those things are not why the 1st amendment was written.
In the USA, christians were ordered by the government, to not attend easter church services. In 2020.
And in england.
“British army veteran Adam Smith-Connor has been found guilty of committing a criminal offence after praying silently near an abortion clinic in the city of Bournemouth.”
h
ttps://vision.org.au/news/uk-court-rules-silent-prayer-is-a-crime/
Lewis & Clark, on their expedition, carried a rifle that shot 22 rounds without reloading.
Historical facts don’t matter to people who want to take your civil rights away.
Chris T in KY,
“Historical facts don’t matter to people who want to take your civil rights away.”
Please share that fundamental truth with Debbie W.
As a social exercise I like to see a politian, make the argument using the Lewis and Clarke example.
The Liberals heads would explode.
Everyone, legally, with a 22 or less magazine capacity. That works for nearly all carry guns.
Sorry keltec P33 in 22 magnum.
When you have the former President of the United States at the podium on National TV time and again saying categorically false things like “you couldn’t own a CANNON for God Sakes!!!” Over and over and not one single person corrects him, I don’t think the Lewis and Clark thing matters to the left. They will simply dismiss you as a liar, and even if you provide bonafide evidence they will simply pivot to the next talking point and never concede that they were wrong. Even a liberal judge would do this in a court of law.
The judge is morally corrupt. He should be removed from office. And the citizens should ignore what he says. That is the 1st step.
Removal is up to the citizenry to do because the politicians and the system won’t. 85 days.
The judge is prog broad.
Yet ANOTHER judge that needs to be removed from his sinecure, and disbarred.
How would they know when or where it was purchased? They eat schiff!
Another “judge” who needs to be working at a fast food restaurant instead of pontificating on a Constitution that he does not understand, respect, or has actually read.
.
The Second Amendment is, was and always will be about we the people have the same or superior weapons then our adversaries.
Brien says otherwise
Judge should be jailed for treason if
Bruen
What you get when put DEI (prog chick) on the bench.