By Michael Bielawski
A Vermonter has been found guilty of violating the state’s 2017 ban on high-capacity firearms magazines.
It was a one-day trial on Monday, April 28, in Vermont Superior Court, Bennington Criminal Division, where a jury found Max Misch, 42, of Bennington, guilty of two counts of misdemeanor possession of “large capacity ammunition feeding devices.”
Misch first came into the public eye for leaving critical and racist comments on social media to and about Rep. Kiah Morris (D-Bennington), a black woman married to a white man.
“The case against Mr. Misch was brought by the Attorney General’s Office in February 2019 as the result of a criminal investigation conducted by the Vermont State Police with the assistance of the Bennington Police Department,” the report states.
“I want to thank the jury for their service in carefully considering the law and facts in this case,” said Attorney General Charity Clark. “I also want to thank our law enforcement partners for their assistance with the investigation, whose work was instrumental in bringing this case to a successful resolution.”
The presiding Judge Jennifer Barrett ordered Misch to remain released on conditions pending sentencing. The charge is a misdemeanor that can result in up to a $500 fine and/or one year in prison. There will be sentencing within two months.
A controversial law
Gov. Phil Scott, during a primary debate in 2018 with then Republican rival Keith Stern, said he was not a huge fan of this legislation when he signed Act 94 in 2017.
“I think what they wanted was an assault weapons ban, and then they chose the magazines instead,” Scott said during the debate. “I think there were other good aspects within the bills that were passed. I don’t believe in the magazine portion of that, but it wasn’t enough for me to veto the bill.”
The Vermont Supreme Court in 2021 voted to uphold the controversial magazine ban.
“Vermont’s ban on large capacity magazines, according to the Court, is a reasonable exercise of the State’s police power and poses a minimal, if any, burden on the right to bear arms,” the State Attorney General T.J. Donovan said.
However, things could still change for Vermont’s law in the future. The Vermont Federation of Sportsmen’s Clubs, a leading gun rights advocacy organization, has challenged the mag ban and 72-hour waiting period in federal court. The case is currently stayed pending the outcome of appeal to the 2nd Circuit on a lower court ruling regarding a temporary restraining order. Other cases challenging magazine bans are working their way through courts nationwide.
The author is a writer for the Vermont Daily Chronicle
