A Vermont judge has rejected self-professed white nationalist Max Misch’s latest attempt to dismiss charges of illegal possession of high-capacity firearm magazines. Judge Kerry McDonald-Cady denied Misch’s challenge to the constitutionality of the state’s magazine limits, stating that possessing magazines capable of holding 30 rounds of ammunition is not protected by the Second Amendment.
Misch, who was charged in February 2019, had previously challenged the law, but the Vermont Supreme Court upheld the constitutionality of the high-capacity magazine ban in 2021. Misch argued that the charges against him violated his right to self-defense under the Second Amendment, citing a recent U.S. Supreme Court decision.
In August 2022, Misch received a probationary sentence for disorderly conduct, a hate crime, and aggravated domestic assault. The trial for the two pending charges of illegal possession of high-capacity firearms is set for April 1, with each misdemeanor charge carrying a maximum penalty of one year in jail and a $500 fine.
The Vermont Attorney General’s Office welcomed the court’s ruling, while Misch’s public defender could not be reached for comment. The firearms law in question, passed in 2018, sets a limit of 15 rounds for handguns and 10 rounds for long guns, with a grandfather clause exempting magazines purchased before the law went into effect.
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