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State of Vermont v. Max Misch

10.17.19

Protecting Vermont’s prohibition on large-capacity magazines.

Court: Vermont Supreme Court

Issue At Stake: Large-capacity magazines

Summary: Everytown for Gun Safety filed this amicus brief in the Vermont Supreme Court in defense of a Vermont statute prohibiting, with limited exceptions, the possession, purchase, sale, or manufacture of large-capacity ammunition magazines (LCMs). This brief presents historical analysis, as well as a historical addendum of gun laws, that situates Vermont’s law in a long tradition of laws prohibiting or regulating weapons that legislatures have determined to be unacceptably dangerous—including a century of restrictions on firearms capable of firing a large number of rounds without reloading. Everytown’s brief further demonstrates that the contrary assertion by the criminal defendant challenging the law that LCMs and similar “repeating firearms” “have been in common use for over 500 years” is belied by the historical record. And, relying on Everytown’s own research, the brief also explains the substantial relationship between regulating large-capacity magazines and Vermont’s undeniably important interest in preventing and mitigating both mass shootings and daily gun violence.

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