Gun rights group to sue State of Vermont over magazine, waiting period laws

Vermont Federation of Sportmen’s Clubs announced that they will sue the state for two laws which limit magazine capacity, and wait periods before buying a firearm.

The organization’s release stated that “Today, Vermont Federation of Sportsmen’s Clubs, with the support of Gun Owners of Vermont (GOV), several Vermont manufacturers and clubs, as well as the thousands of individual members of VTFSC, joined a group of Vermont residents and sporting goods shops in filing a lawsuit against Vermont’s law on the 72-hour wait period and its ban of standard capacity firearm magazines, which are common in Vermont and throughout the country.”

Chris Bradley, the President and Executive Director at VTFSC, is quoted as saying, “The Supreme Court has made it clear that government cannot impose arbitrary, pointless restrictions, like Vermont’s wait period or its ban on magazines of standard capacity, owned by everyone. These restrictions violate Vermonters’ right to self defense and must be overturned.

Brady Toensing, the organization’s attorney, spoke to VDC on Tuesday.

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Toensing stated that “Bruen [Bruen v. New York 2022] made it clear that 2nd Amendment Rights are to be protected as every other constitutional right.” It ended the balancing of interests when it came to these rights. This balancing took place at the time of the 2nd, which elevated the right to self-defense above all other interests.

Limits on magazine capacity

Act 94 is the law that limits magazine capacity. For rifles, it limits magazine capacity to 10 rounds and for handguns, 15 rounds. The law was passed in 2018.

At the time Darin Goens was a certified handgun trainer and NRA’s liaison to Vermont, and he spoke with TrueNorthReports.com.

Goens stated that “this law would tip it in favor of criminals.” “There are a number of scenarios in which you would be at a serious disadvantage, for example, if you were to have a ten round magazine and three armed attackers broke into your home.”

The waiting period

The waiting provision is one of three parts to a bill signed by Republican Gov. Phil Scott let the bill become law without signing it. He seemed to have supported the other provisions – one relating to gun storage requirements, and another extending who could petition a court in order to obtain an extreme risk protection orders.

Scott was not happy with the 72-hour waiting period, as he felt it could violate constitutional rights.

In a written statement, he said: “Given that we are in a relatively new legal environment following recent U.S. Supreme Court rulings, I have serious concerns about the constitutionality of the provision.” “My problem with the bill is that all of us, including myself, have taken an oath not to do anything injurious to our constitution.”

Proponents of this bill argue that the waiting period will allow people to consider their purchase before they use it against others or themselves. Toensing pointed out that the bill does not make any exceptions for people who already own guns, so for many, waiting a period of time would be useless.

He noted that no provisions are made for those who find themselves in a hazardous situation and need a gun for immediate protection.

According to VtDigger.com, Phil Baruth, Senate President pro Tempore of the Senate, is frustrated by those who think that gun laws are arbitrary.

He said, “If there’s anything arbitrary, it is the paranoid belief that you will be killed if you go to the supermarket without carrying heat in your belt.”