This article by Christie Wisniewski originally appeared March 18 in the Bennington Banner.
BENNINGTON — The first person charged under Vermont’s new law banning high-capacity magazines has asked the state to dismiss the charges under the claim that the ban is unconstitutional.
In a 27-page motion to dismiss, attorney Frederick Bragdon argues that the charges against his client, Max Misch, 36, of Bennington, may have been brought about because the state was “unwilling or unable” to charge Misch with a crime based upon his interactions with former state Rep. Kiah Morris, who resigned in fall 2018 citing racial harassment.
Misch appeared at the criminal division of the Bennington Superior Court Monday afternoon, represented by public defender Bragdon, who recently put forth the motion to dismiss two charges against Misch for unlawfully possessing two 30-round magazines.
On Feb. 7, Misch pleaded not guilty to the charges alleging he purchased those magazines in New Hampshire in December 2018 — after the ban took effect.
Deputy Attorney General Ultan Doyle, the prosecutor in the case who participated in Monday’s hearing by telephone, told Bragdon that he had received the motion to dismiss but had not yet read it. Doyle asked for 30 days to respond to the request due to the lengthy motion, which was filed Thursday, and Judge William D. Cohen granted the request.
A hearing will be scheduled after the Attorney General’s response to the motion, Cohen said. The Attorney General’s office has until April 18 to respond.
Read full story at the Bennington Banner.
(Fair use with written permission from the New England Newspapers Inc.)