A white nationalist from Bennington has rejected a plea deal and is planning a fresh effort to quash a Vermont ban on possession of high-capacity ammunition magazines.
Max Misch was charged in February 2019 with illegal possession of the high-capacity magazines. When a lower court judge refused to throw out the cases, he appealed to the Vermont Supreme Court, arguing that the law violated the Vermont Constitution. However, the state Supreme Court ruled against him earlier this year.
Now, Frederick Bragdon, a public defender representing Misch, said during a hearing Monday held via video from Bennington County Superior criminal court that he plans to argue that the state law limiting the size of ammunition magazines violates the Second Amendment of the U.S. Constitution.
As a result, Bragdon told Judge Cortland Corsones, his client is not accepting a plea deal offered by the Vermont Attorney General’s Office, which is prosecuting the case. Terms of that plea agreement were not revealed by either Bragdon or Assistant Attorney General Ultan Doyle, who is the lead prosecutor.
The measure that Gov. Phil Scott signed into law in April 2018 limits magazine sizes to 15 rounds for handguns and 10 for long guns, and Misch was charged with two misdemeanors for possession of two 30-round magazines. Misch’s lawyer had contended the law violated Article 16 of the Vermont Constitution, dealing with the right to bear arms.
However, the Vermont Supreme Court ruled the magazine limits were a reasonable restriction to promote public safety without unduly infringing on a person’s right to use a firearm in self-defense.
The law exempted larger magazines that Vermonters already owned when the law took effect and allowed law enforcement officers to use them.
Bragdon told the judge Monday that he plans to file a motion by October to dismiss the charges, based “solely” on grounds that the law violates Misch’s right to bear arms under the Second Amendment of the U.S. Constitution.
Police stated in a court filing that Misch and his now-ex-wife traveled to a store in New Hampshire on Dec. 1, 2018, and bought two 30-round magazines there. Police said they found the magazines in a search of Misch’s apartment in Bennington.
Misch pleaded not guilty to the charges and to two other misdemeanor charges alleging he violated the conditions of his release while he was awaiting trial. One is a hate crime, alleging Misch hurled racist slurs during an altercation with a Black man on a street in Bennington. The other alleges he caused a public disruption in August while a Black Lives Matter mural was being painted in downtown Bennington.
Bragdon said the charges of violating conditions of release are unlikely to be resolved until there’s a clear decision on the status of the magazine offenses. The Bennington County State’s Attorney Office is prosecuting those cases. Bragdon said at the hearing Monday that county prosecutors have offered a “fine only” settlement in those two cases, though his client has not accepted it.
Corsones, who is hearing all the cases against Misch, said Monday that another hearing on the disorderly conduct charges would take place within 60 days.
Misch attended the hearing Monday via video and did not speak.
Misch avoided charges in another matter that was investigated by the Vermont Attorney General’s Office. In that one, Attorney General TJ Donovan announced in January 2019 that he would not bring charges against Misch, or anyone else, for racial harassment of Kiah Morris.
Morris had been the only Black woman in the state Legislature when she decided to resign in the summer of 2018, citing in part the racial harassment. Misch had admitted racially harassing Morris.
