Updated 3:10 p.m.
A coalition of Vermont gun groups sued the state Wednesday, arguing that newly passed ammunition magazine limits run afoul of the Vermont Constitution.
The plaintiffs — the Vermont Federation of Sportsmen’s Clubs, the Vermont State Rifle and Pistol Association, two sporting goods stores and one gun owner — are being represented by Brady Toensing, vice chair of the Vermont Republican Party, and Cooper & Kirk, a Washington, D.C., law firm that has represented the National Rifle Association in multiple cases.
The suit, filed in Washington Superior Court, came one week after Republican Gov. Phil Scott signed into law sweeping gun legislation to mandate background checks, raise the purchasing age for firearms to 21 and ban bump stocks, in addition to establishing the magazine limits.
The law prohibits Vermonters from buying magazines with a capacity of more than 10 rounds for rifles and more than 15 rounds for handguns. The gun groups are seeking an injunction to prevent the law from being enforced while the case is argued.
In a written statement, Attorney General T.J. Donovan, a Democrat who supported the new laws, said his office had anticipated the suit. “We are prepared and will vigorously defend Vermont law,” he said.
In a statement of his own, Republican Gov. Phil Scott said, “I’m confident the new law is consistent with the Vermont Constitution and appreciate the Attorney General’s support and commitment in defending State law.”
The lawsuit states that the magazine ban “impermissibly burdens and infringes the fundamental right of law-abiding Vermont citizens to bear arms in their own defense,” a violation of the Vermont Constitution. Article 16 guarantees people the “right to bear arms for the defence of themselves and the State.”
The suit further claims that magazine limits “will make law-abiding Vermont citizens more vulnerable to criminal attack by depriving them of commonly-owned ammunition magazines” — an especially “pernicious” risk given the rural nature of the state.
It uses Revolutionary War hero Ethan Allen and his brother, Ira, to illustrate the state’s long tradition of using firearms “in defense of state and self,” noting that the Green Mountain Boys, led by Ethan Allen, used their own guns to lay claim to Fort Ticonderoga in 1775.
Under the new law, gun stores have until October 1, 2018, to sell off existing inventory, and magazines purchased by that date will remain legal. Vermont gun manufacturers can continue to sell magazines out-of-state, an exemption Toensing helped secure, and high-capacity magazines will be permitted at gun competitions until July 1, 2019.
Despite those carve-outs, the suit suggests that magazine restrictions will reduce participation in firearms competitions, harming the clubs that host them, and cause “significant financial loss” at gun stores, including the plaintiffs, Powderhorn Outdoor Sports Center in Williston and Locust Creek Outfitters in Bethel.
The only individual plaintiff is Leah Stewart, who co-owns Locust Creek Outfitters and, according to the lawsuit, has an AR-15 as well as multiple handguns that use magazines with more than 10 or 15 rounds.
In a statement, Sportsmen’s Club president Chris Bradley expressed confidence that the court would rule in the gun groups’ favor. “Many of the most popular rifles and pistols come standard with magazines in excess of these new limits,” he wrote. “The Vermont Constitution’s protection of the right to bear arms prevents the State from requiring law-abiding Vermonters to defend themselves and their families with sub-standard firearm magazines.”
As of Wednesday, the Sportmen’s Club had raised close to $23,000 for legal expenses on the crowd-funding site GoFundMe.
Sen. Phil Baruth (D/P-Chittenden), a longtime proponent of gun control, isn’t concerned.
“Anybody who was out in front of the building during the [bill] signing ceremony knows that these are very aggressive people,” he said. “It was a forgone conclusion that they would use the court system in an equally aggressive way, so I can’t say that anybody is surprised. But we had leg[islative] counsel thoroughly review this legislation, as did the governor, and I’m absolutely confident it will pass muster.”
Here’s the court filing:
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All laws that are pushing for Gun Control have been proven with statistics and historical data that they do not result in a positive manner. There has never been a single example of working gun control worldwide, every place that has implemented gun control has had a rise of violent crime in other directions and usually at a much higher rate. the few examples like Australia had decreasing numbers before the buyback, meaning the buyback had little positive effect.
None of these unlawful “solutions” do anything more than infringe on those that will follow the law, they will not make anyone safer, they will not change the outcome for school shootings, they will not protect students and anyone that knows anything…anything at all about firearms will see that. Those that pretend to know anything about firearms or history would be shocked and resent these unconstitutional measures. There are many real solutions being voiced, none of which infringes on anyone’s rights and I believe thats most likely why they arent being heard. Feel Good Legislation gives false security and Freedom is Dangerous….those that would give up Freedom for Temporary Security Deserve Neither.
The more you read into what the Founders actually thought and believed the more you see that they knew weaponry and technological advances were to pass and they felt that the citizen shouldnt be restricted from those advancements. Does the First Amendment not continue on to your phone or Computer? The same should apply to firearms.
The founders WANTED the citizens to be as well armed as the government. Some Quotes from the Founders themselves:
To disarm the people [is] the best and most effectual way to enslave them.
George Mason, American Statesman and Author of the Virginia Declaration of Rights (1776).
“Arms, like laws, discourage and keep the invader and plunderer in awe, and preserve order in the world as property. Horrid mischief would ensue were the law-abiding deprived of the use of them.” Thomas Paine.
To preserve liberty, it is essential that the whole body of the people always possess arms and be taught alike, especially when young, how to use them.”
Richard Henry Lee, American Statesman, (1788).
“The great object is that every man be armed.” and “Everyone who is able may have a gun.” Patrick Henry, American Patriot.
“The constitutions of most of our States assert that all power is inherent in the people; that . it is their right and duty to be at all times armed .”
Thomas Jefferson, letter to Justice John Cartwright, June 5, 1824.
And of course, the capstone of the comments: “What country can preserve its liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is its natural manure. Thomas Jefferson.
Its amazing how many people havent done any research and attempt to interperate the constitution and bill of rights themselves instead of looking for the information from other readings from the same time by the same people.
Richard Henry Lee: A militia, when properly formed, are in fact the people themselvesand include all men capable of bearing arms. (Additional letters from the Federal Farmer, at 169, 1788)
For those that think Large Capacity Magazines are relatively new, Lewis and Clark’s famous rifles they carried on their Journey was the Girandoni Rifle, a 18th Century .46 cal. 20 shot repeating rifle that could fire all of its ammunition within a minute. This is one of many rifles and arms at the time you people have obviously ignored. There are many more that even fired automatic with high round counts, multiple shots with one pull of the trigger. A Few examples to search out: Puckle Gun, Swivel guns, Belton flintlock, PepperBox Revolver, and it wasnt limited to small arms but artillery and warships. Though today explosive, nukes, armored vehicles and destructive devices would fall under other categories but all small arms and their accessories should be unlimited/unregulated.