New Gun Control Law Draws Legal Attention

A gun rights group in Vermont is taking the state to court over a recent gun control drive that included bumping the minimum age for firearm sales to 21.

The lawsuit, filed in Windham County Superior Court last week by the 7,000-member Gun Owners of Vermont, goes after a package of new regulations signed by Gov. Phil Scott into law earlier this year.

The filing argues the “knee-jerk” legislation was not needed for public safety, saying that Vermont has had few laws curtailing firearm possession, low crime, and a strong gun rights tradition going back to the Revolutionary War.

“The burden when you’re taking somebody’s fundamental rights away is on the government to show why that should happen, and really not on the people to show why they get to keep their rights” Michael Shane, a lawyer for the pro-gun group, told Vermont Public Radio.

A big target in the challenge is the new law raising the age to buy guns in Vermont to 21. While the law allows for adults 18-to-20 to purchase rifles and shotguns if they have had military or law enforcement training or have passed a hunter’s education course, those violating the new mandate face up to a year in prison. “This requirement serves no legitimate government interest,” says the filing.

Vermont raised the age a month after Florida made a similar move. The Sunshine State, it should be noted, enacted its law just three weeks after the high-profile shooting committed by a 19-year-old at a high school in Parkland that claimed the lives of 17. Likewise, the Florida law was subsequently challenged by the National Rifle Association in federal court.

Also included in the Vermont suit is an attempt to overturn the state’s new ban on bump stocks, which some members of the group behind the action own. Calling the prohibition unconstitutional when it comes to protected gun rights, the challenge takes a different path than in lawsuits filed against bans in Florida and Maryland, which are centered on Fifth Amendment arguments over mandated property seizure without just compensation.

Finally, the litigation takes aim at Vermont’s new mandate that private parties transferring guns between themselves must first undergo a background check in a gun shop. This, argues the gun enthusiasts, adds unjustified costs and inconvenience to a transfer as well as concerns over privacy.

Vermont Solicitor General Benjamin Battles told local media he was looking forward to “defending Vermont’s laws before the Windham superior court.”

The case is not the only one state officials are fighting. In April a group of Second Amendment groups filed a legal challenge over Vermont’s new cap on magazine capacity.

source: guns.com

  • Paul Ronn

    Why would anyone need a bumpstock ?

    • George Baktis

      You don’t have to need something in order to own it. As long as it is legal and used legally that is all that is required. I personally do not own a bump stock, have no need for one, but again that is my choice. If we go by the liberal logic and banned everything used in a crime we wouldn’t have cars, knifes, golf clubs, baseball bats, pillows ,plastic bags, and the list goes on and on.

      • Terry Butts

        Do not forget we would also have to wear straight jackets and other restraints because everything that can be moved or people otherwise put in lethal contact with even hands and feet has been used as murder weapons by criminals at some point.

        So if we follow the ILLOGICAL beliefs of gun grabbers and go after the TOOLS that were abused instead of the criminal or actual cause of the crime then nothing could be owned.

        In fact some time back there was a case where the criminal used a folded in a specific manner piece of paper as the murder weapon.

        Just remember all the accidental paper cuts we have all experienced and it is easy to realize that if someone truly wanted to use paper as a weapon just as lethal as any gun they can and in some cases have especially when facing unarmed victims brainwashed for decades to “hide” and dial 911 instead of defending themselves.

        • KVandy

          I get so sick of these half-wit demoncrap gun grabbers. I guess these idiots have never heard of Albert Fish, Coral Eugene Watts, Richard Angelo, Gary Ridgeway, Ed Gein, Richard Ramirez, Tony Sowell, Ted Bundy, Jeffrey Dahmer, Tim McVeigh, and literally hundreds of others. These “people” are some of the most vile mass-murderers in our history and they didn’t use a gun to kill their victims.

          Albert Fish was a child rapist and cannibal who confessed to killing and torturing H U N D R E D S of children in New York. He was convicted and sentenced to death in 1935. During the trial, Fish said he heard voices in his head that told him to attack children.

          Coral Eugene Watts was identified by his doctors as a dangerous and violent person. He was the so-called Sunday Morning Slasher and confessed to killing 80 women in Michigan, Texas and Canada. He strangled, drowned, stabbed and beat his victims to death.

          Richard Angelo, the “Angel of Death, was a nurse at Good Samaritan Hospital in New York. He killed 25 patients in an absurd and botched plan to turn himself into a hero. He injected patients with a cocktail of dangerous drugs in the misguided hopes of restoring them to life and building a reputation for himself as a life-saving medical professional.

          Gary Ridgeway killed 48 women in the Seattle area. He became known as the Green River Killer. His case was one of the bloodiest in the country and not by the use of a gun.

          Edward Gein, slayed women by torture and dismemberment as well as robbed graves. He flayed the bodies and used human skin and other body parts to decorate furniture and clothing in his decrepit farmhouse. Remember the movie “The Silence of the Lambs?” This was the real life guy.

          Richard Ramirez, aka “Night Stalker,” terrorized the Los Angeles with his killing spree. A satanic worshiper, he stabbed, slashed, decapitated and beat to death the majority of his victims. He did, on several occasions, us a pistol in the commission of his crimes.

          Anthony Sowell, aka “Cleveland Strangler,” was convicted and sentenced to death in 2011 for killing 11 women and keeping their remains in his Cleveland home. He was a known violent offender who was in and out or prison several times.

          Ted Bundy was a serial killer, rapist, kidnapper, and also a necrophile. He assaulted and murdered countless young women and girls. His MO was decapitation, but he also used a lot of other methods to kill and torture his victims. He never, to my knowledge, used a gun.

          Jeffrey Dahmer murdered 17 men and boys. He beat most of his victims to death before dismembering them and, in some cases, eating them. Dahmer tried to turn some of victims into zombies” by drilling holes in their skulls and injecting hydrochloric acid or boiling water into the frontal lobe area of their brains. He believed he could create a submissive sex partner for himself.

          Tim McVeigh (bomber), Dean Corll, John Wayne Gacy (aka the Killer Clown), Angelo Buono and Kenneth Bianchi (aka the Hillside Stranglers), Eddie Leonski, Harry Powers, William Hickman, Jennifer San Marco, Larry Ashbrook, Andrew Kehoe, Joseph Lapage, Louis Wagner, Franklin Evans (aka the Northwood Monster), Anton Probst, Lydia Sherman (aka Queen Poisoner), Albert Hicks, Colin Ferguson, Aileen Wuornos, David Lewis Rice (used a TOY gun), Alton and Debra Brown, and the list goes on and on.

          Not ONE, not a single one of the aforementioned people used an “assault rifle” in the commission of their crimes, and only a couple used a gun of any kind. Some of these individuals were mentally disturbed or delusional, and not receiving any kind of mental healthcare, others were not.

          Banning guns does nothing to stop anyone who wants to kill, except embolden the individual to commit their dirty deed(s). More gun laws wouldn’t have stopped a single one of the aforementioned individuals or any of the mass shootings that have happened over the last 10 years either.

          demoncraps are nothing but weasels preying on the fear of people, in an effort to further their communist agenda of disarming the American Citizens. If stupid a$$ nitwit demoncraps were really interested in protecting the Citizens of this the USA, then they, and the rest of their vile cohorts, wouldn’t be breaking the law and protecting illegal aliens.

          Here’s a few facts that the demoncraps consistently overlook (gee, I wonder why???);

          In the USA…

          FACT: almost HALF of gun deaths are caused by suicide

          FACT: of the remaining half, the majority are gang related

          FACT: The majority of gun crimes in this country are committed by individuals ages 18-25, with individuals 14-17 close behind. These little hoods don’t obtain their guns through legal means and therefore would never be subject to a background check or any other gun laws on the books.

          FACT: LESS than 1% of criminals convicted of gun crimes obtained their weapons legally.

          FACT: There were more gun crimes committed during the time feinstein’s “gun ban” was in effect

          FACT: Violent crime in general has been decreasing over the last 10 years (hmmm…could that be because there are more law-abiding citizens who are armed?)

          FACT: most murderers aren’t using guns to kill. They are strangling, stabbing, drowning, torturing and beating to death, their victims.

          FACT: there are more deaths caused by smoking than there are by guns

          FACT: the cities in this country with the most stringent and strict gun laws have the highest crime rates.

          FACT: the “people who go to our schools” and kill our children are criminals regardless of whether they are sick or not. NO, they do not have easy access to guns, they obtained them illegally by stealing them from someone else or purchasing them through illegal means. There have been very few instances where someone who’s actually purchased a gun legally has gone on a shooting spree.

          FACT: Background checks were made mandatory in all 50 States when mir aimal kansi did what he did back in 1993. All this BS being spewed by demoncraps is garbage. All that needs to be done is to enforce the existing laws.

          FACT: In the USA the average firearms per 100 people is over 90. The average number of civilian firearms in the USA is over 270,000,000. The percent of homicides by firearm in the USA is about 60%.

          Now considering that we have more than 90 times the weapons in citizens hands and only 5 times the number of gun-related homicides, than Australia, I think the odds are in our favor that our existing gun laws do work for the law-abiding citizens. Our homicide rates would drop by more than half if gang-related issues were ferreted out and controlled with more enthusiasm by law enforcement and the government. Considering that almost half of the remaining are suicides, that actually makes our gun-related homicide rate fairly small.

          Of ALL of the mass shootings that have occurred over the last 10 years, EVERY SINGLE individual carrying out the crime was KNOWN to have mental issues. These issues were brought to the attention of the appropriate authorities and they did nothing about it. Law-abiding Citizens of this country, and their weapons, are NOT the problem. Seems to me the problem points more toward inappropriate enforcement of the laws and the negligence of those who do nothing when incidents are reported to them.

          • CrustyOldGeezer

            Of ALL of the mass shootings that have occurred over the last 10 years,
            EVERY SINGLE individual carrying out the crime was KNOWN to have mental
            issues.

            EVERY SHOOTER since the Texas Tower shooter was from a liberal background, or indoctrinated in the education system.

            And the is plenty of evidence that would indicate Cruz (Parkland) was actively groomed by law enforcement for political purposes to push the gun control agenda.

            Why else was the deputies on coffee break/stand down until REAL POLICE Personnel showed up?

          • KVandy

            Don’t disagree with you one bit.

    • Eldor Luedtke

      Why would anyone NEED a game console? It’s not a case of need. I personally would have no use for one, I am not against law abiding citizens owning them though.

    • KVandy

      Because the Second Amendment gives us the RIGHT to arm ourselves equally to that of any standing army. We are nowhere nearly as well armed, but we outnumber them by far. Obviously you are not very well informed regarding the intent of our Founding Fathers and why they wrote the Constitution, specifically the Second Amendment, and Bill of Rights.

      “What, Sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty …. Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins.” ~ Rep. Elbridge Gerry of Massachusetts, I Annals of Congress 750, August 17, 1789

      “Who are the militia? Are they not ourselves? It is feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American…[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.” ~ A Pennsylvanian (Tench Coxe), The Pennsylvania Gazette, February 20, 1788

      “[W]hereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them; nor does it follow from this, that all promiscuously must go into actual service on every occasion. The mind that aims at a select militia, must be influenced by a truly anti-republican principle; and when we see many men disposed to practice upon it, whenever they can prevail, no wonder true republicans are for carefully guarding against it.” ~ Federal Farmer, Antifederalist Letter, No.18, January 25, 1778

      “If the representatives of the people betray their constituents, there is then no recource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government, and which against the usurpations of the national rulers, may be exerted with infinitely better prospect of success than against those of the rulers of an individual state. In a single state, if the persons intrusted with supreme power become usurpers, the different parcels, subdivisions, or districts of which it consists, having no distinct government in each, can take no regular measures for defense. The citizens must rush tumultuously to arms, without concert, without system, without resource; except in their courage and despair.” ~ Alexander Hamilton, Federalist No. 28

      “This may be considered as the true palladium of liberty…. The right of self defense is the first law of nature: in most governments it has been the study of rulers to confine this right within the narrowest limits possible. Wherever standing armies are kept up, and the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” ~ St. George Tucker, Blackstone’s Commentaries on the Laws of England, 1803

      “The Constitution of most of our states (and of the United States) assert that all power is inherent in the people; that they may exercise it by themselves; that it is their right and duty to be at all times armed.” ~ Thomas Jefferson, letter to to John Cartwright, 5 June 1824

      “[I]f circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens, little, if at all, inferior to them in discipline and the use of arms, who stand ready to defend their own rights and those of their fellow-citizens. This appears to me the only substitute that can be devised for a standing army, and the best possible security against it, if it should exist.” ~ Alexander Hamilton, Federalist No. 28, January 10, 1788

      “As civil rulers, not having their duty to the people before them, may attempt to tyrannize, and as the military forces which must be occasionally raised to defend our country, might pervert their power to the injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.” ~ Tench Coxe, Philadelphia Federal Gazette, June 18, 1789

      I could provide you with hundreds of quotes regarding the Second Amendment and why it exists, but I think you should EDUCATE yourself.

    • GomeznSA

      Why would anyone “need” an automobile that will go well in excess of 100mph when the highest posted speed anywhere in the US is 85? Or more than one fork or one pair of shoes – I could go on but if you are being at all honest you will realize that it is NOT about ‘need’. BTW, there is no evidence that the Las Vegas shooter actually used a bumpstock, what with the stellar investigation conducted and all. And no other known criminal use of one anywhere for that matter.

      • backrow

        Because, legion are they in their number, that absolutely do not care about speed limits. If you have doubts about that, get on a freeway, set your cruise control on the speed limit, and count the vehicles that pass you.

    • CrustyOldGeezer

      I’m not certain on the bump stock thing, but I know why you need a brain.

  • Daniel Erickson

    Why do people blame the tool more than the person that committed the atrocity? In the hands of a rational law abiding citizen no gun, regardless of how it looks-acts-functions, has ever murdered anyone. Stop blaming the tools… Yes, a gun is nothing more than an inanimate mechanical device – a tool that tens of millions or rational law abiding citizens use lawfully to defend themselves and others. Laws affect only the law abiding… in other words the very people that should not be punished or hindered are. Criminals never have cared about the law, only their selfish wants, and those not in a possession of their rational mind- due to mental or emotional defect as diagnosed by a competent and qualified medical professional and adjudicated in a hearing, they don’t really know to care one way or another.

    • KVandy

      Because it’s what demoncrap communists/socialists do to get what they want…they lie, cheat and steal…they do whatever they deem necessary. No matter what, in their mind, the end justifies the means…as long as it favors their agenda. Make no mistake, this is about furthering the left’s agenda of socialism and communism. They can’t get what they want as long as American Citizens have guns in their hands. Look at everything they do. All they do is make it impossible for law-abiding citizens. Nothing they do impacts criminals or crazies.

    • CrustyOldGeezer

      Why don’t they plug up the works around auto manufacturing plants?

  • Alfred Palumbo Jr

    They should change the name from disqus to TRAITOR TRUMPS DISCUSSION BOARD. and no I’m not a gun grabber just dont like the new Republican cult.

    • Eldor Luedtke

      That’s really kind of sad.
      You call the POTUS a traitor, likely because of the left leaning media that say that, and then call other people cultist ?
      What side are the black clad mask wearing fascist on? The left, and they are just like the 30’s brown shirts. Left leaning media defend them with their violence and calling anyone who has a differing political view names like fascist and nazi. But, some how republicans are a cult ?
      The democrat party, is more a psycho ward now and this is why I am no longer a democrat. They say we need to stop illegal migration, until Mr Trump is trying to, then they flip to open borders. How about telling constituents to harass those in the other party. I have yet to see one of those republicans call to harass, silence or hurt a democrat for being a democrat. They scream about separating kids from parents, and show pictures from when Obama was doing it. Also, anyone arrested is separated from their family, even citizens.
      When the democrats have something beyond resist, they may get somewhere. THEY gave you Mr Trump though one stupid move after another that angered too many. If I were to have been shopping for a POTUS, Mr Trump would not have been at the top of the list, but I am pleasantly surprised with his performance. If you had been keeping up with Hillary Clinton from the 80’s. you would understand that it could have been a lot worse, it could have been Hillary as POTUS. The one who actually gave money to Russians in the 2016 election cycle.

      • le3845

        Outstanding reply sir! I couldn’t have said it better myself.

    • CrustyOldGeezer

      Just a minor point of order.

      Antifa,…CREATED AND FUNDED by Soros and democrats.

      the white supremacists…. CREATED AND FUNDED by democrats.

      white nationalists,…. CREATED AND FUNDED by democrats.

      KKK,…. CREATED AND FUNDED by democrats.

      fascists,…. CREATED AND FUNDED in the US by democrats.

      neo-Nazis,…CREATED AND FUNDED in the US by democrats.

      alt-right, made uip grooup that does not, nor has ever existed until the MEDIA CREATED THE PHRASE.

      John, at least make AN EFFORT TO LEARN THE SUBJECT before you show off youor intellectual capabilities.

      THAT post made you look like one of the dumbest people alive!

    • le3845

      Well Alfred, we don’t much like you either as you have a disorder that keeps you from seeing the truth. This forum is about the aforementioned article, not your petty stupid bitching.

    • KVandy

      You know what alfred? It’s people like you who are traitors. You are nothing but a socialist/communist supporter and you should be ashamed. Have you ever lived in a communist/socialist country? Well, I’ve lived in both and I can honestly tell you it is NOT what I want for the United States.

      If you would stop, disengage yourself from the obama rectum train, clear the crap from your eyes and ears, and have a true, honest thought for yourself, then maybe you would actually see what it is you’re supporting instead of just believing it because your idols said it. That you blindly walk in lockstep with those who are blatantly destroying our Country is just appalling.

      Just look at those supporting this criminal agenda. They are all multi-millionaires/billionaires. Doesn’t that strike you as odd? Every damn one of them is lying about the virtues of socialism and communism, telling you and your other blind fools, how wonderful it is and how everyone will be equal. Are you equal with them? Do you think you ever will be? Have any of them spread their wealth around? Have you been the recipient of a dime from a single one of those whose boots you’re licking? Do any of them live outside the walls of their mansions? Do you honestly believe that, when you and your family are starving, that these “purveyors of ‘hope'” are going to give you a crust of bread? If you went and planted your butt in their living room because you wanted a better place to live and someone to take care of your, do you honestly think they would take you in with open arms, or have you thrown out and arrested? LOL THEY ARE LYING TO YOU!!!

      You want to know the virtues and equality of socialism and communism? You will certainly be equal with everyone else living in squalor, misery, pain, ill-health and early death. You will certainly be equal when it comes to buying bread or milk for your family and finding there is nothing left to be bought OR it costs you more than you earn in a month.

      NOTHING is free. EVERYTHING comes with a price. You better start thinking about that and decide what you’re willing to pay because I will guaran-damn-tee you, when it comes time for you to put up or shut up, you’re not going to like the fees you’ll be hit with. You will own NOTHING, you will have NOTHING, you will eat nothing…BUT…those you worship will be living high on the hog, in their walled off fortresses, surrounded by their army, keeping you down where you belong.

      PS…I would have included you blow your nose and smell the coffee and fresh air up above, but it would have probably been such a shock to what little active gray matter you have, that your head would have exploded.

  • hoyingla

    Until the left decides to make legislation forcing the mental health industry to report those who present a danger to society and the individual in question is forced to appear in front of a court before his rights are curtailed, these psycho induced shootings will continue. The left doesn’t want to because it would take away an argument to take your guns and make you all SUBJECTS instead of citizens of the United States. As far as bump stocks go if they make a firearm a pseudo Automatic weapon and if you with to wish to own them get a Class III license and quit trying to game the damn system!!!! Otherwise get congress or the ATF to create a new license category.

  • Gordon Raymond

    Mental Illness have been the contributing factor in most of these mass shootings. Any mental illness should be available for “Background” checks to buy a Weapon.

    • Terry Butts

      Actually it has been SPECIFIC mental illnesses that resulted in certain specific types of drugs being prescribed.

      There is a long list of things designated as mental illness that DOES NOT result in violent behavior and those suffering from them are not a threat to themselves or others.

      The fact is if DUE PROCESS of law would be followed under existing laws when threats were reported many of these tragedies would never have happened.

      For example the one a while back who OPENLY POSTED his hatred and intent to harm certain specific people in social media an act that would have gotten anyone investigated and prosecuted had it been in newsprint or a letter but somehow they feel because it concerned a COMPUTER all existing laws suddenly did not apply so IGNORING not even looking at the evidence the people reporting him cited for having raised their concerns the police INTERVIEWED the criminal found no CURRENTLY possessed GUNS and declared he was not a threat.

      HE then went on to attack and kill several of those he OPENLY THREATENED. Had the EXISTING laws been followed based on the EVIDENCE they did not even look at he would have been in jail awaiting a PROFESSIONAL psychiatric evaluation and trial for the threats he had made not out free to attack his victims based on an interview with officers who felt the only way he was a threat was if he made the threats in their presence while possessing/owning a gun.

  • Timothy Toroian

    Check Article 1, section 9, clause 3 of the U.S. Constitution, no ex post facto law shall be passed. I believe that someone is 18 prior to passage of the law they can still purchase firearms.

  • John R. Bloxson Jr.

    The Jaksonville Shooter had been twice committed to psychiatric facilities, and had a long history of violence and threats and was a leftist politically speaking. Yet here again they want to blame a tool for what they did it is time to stop this foolishness. Blame the person for their actions hold them accountable not an inanimate object.

  • marcus J

    Here we go again , The Right to Keep and Bear Arms is not a Privilege Granted to us by the State , It is a right that cannot be infringed upon

  • Ulla Camp

    This is kind of stupid that a young man can go into the service of his country at 18 years of age, gets handed a gun “lives and breathe that gun” but can only do so, while on the job, because otherwise HE IS NOT OLD ENOUGH TO HANDLE A FIRE-ARM”…sorry Vermont but you are acting like EVERYBODY’s NANNY, and what you are doing is UNREASONABLE. Especially since you have had NO shootings up there and this last one much like the other ones were MENTALLY disturbed individuals, who did the mayhem…………You are over-reacting and making foolish moves………If you do that, then I think we ought putting the voting age back up to 21……..Maybe we ought to introduce a “pacifier age” if you need to be so angst-stricken over something that you have absolutely NO control over….You are acting like old FOOLS, and you are only going to make things worse………..

  • GabrielG

    You know what alfred? It’s people like you who are traitors. You are nothing but a socialist/communist supporter and you should be ashamed. Have you ever lived in a communist/socialist country? Well, I’ve lived in both and I can honestly tell you it is NOT what I want for the United States.If you would stop, disengage yourself from the obama rectum train, clear the crap from your eyes and ears, and have a true, honest thought for yourself, then maybe you would actually see what it is you’re supporting instead of just believing it because your idols said it

  • BethanyK

    Why would anyone need a bumpstock ?