BENNINGTON, Vt. (AP) — The Vermont Supreme Court heard arguments whether the state’s ban on large-capacity magazines is unconstitutional.
Max Misch faces misdemeanor charges for two 30-round rifle magazines police found in his home last year and is the first person charged with violating the ban on large-capacity magazines, the Bennington Banner reported. The state supreme court heard arguments on Tuesday in a session that was streamed on YouTube.
The defense asserts that the magazine ban violates residents’ right to bear arms under the state constitution and that the ban unfairly benefits some people.
“Where is the evidence that people intent on committing these horrific mass shootings and killings won’t go out of their way to find these magazines elsewhere?” said defense attorney Rebecca Turner. “There is no evidence of that.”
The Vermont Attorney General’s Office contests that the state must pass reasonable regulations to protect residents from gun violence. The court previously established that the right to bear arms is not unlimited.
The charges against Misch could be thrown out if the ban is deemed to be unconstitutional.