4th Circuit Decision in Snope v Brown

Request for Cert Now Before SCOTUS

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Bernard -- In 2013, the State of Maryland enacted the Firearms Safety Act, with the key portion of that Act establishing a general prohibition on the sale and possession of certain military-style "assault weapons," a list which included the AR-15. In 2020, this Act was challenged in a case known as Bianchi v Brown (now known as Snope v Brown) in the District Court of Maryland.  Eventually, this case was appealed to the 4th Circuit, which gave their final ruling on the case on August 6th, with their decision being that the ban *WAS* constitutional.  If you care to read the convoluted illogic they used to bypass both Heller and Bruen, you can read their final decision here. While the bad news is that this ruling is not good for us in the very short term, the good news is that is GREAT for us near term and beyond. As you are likely aware, there have been several appeals to SCOTUS arising from court cases across the country regarding challenges to firearms laws and bans - but because all those cases were still in the process of trial (i.e. they were interlocutory) – SCOTUS denied stepping in.  That is because SCOTUS does not typically want to "step into" cases that are active in a lower court; they typically only step in when a Circuit Court makes a final decision that is then appealed, but even then, they do so at their own discretion. On August 21, a petition for a Writ of Certiorari (i.e. a request that SCOTUS review the 4th Circuit's decision in Snope v Brown) was presented to SCOTUS, with this case being exceptionally "ripe" for SCOTUS to consider hearing it as it is the first case to be finalized, along with the fact that the 4th Circuit rather studiously ignored both Heller and Bruen. Along with several other organizations requesting that SCOTUS grant Certiorari – there is a petition from 29 states that are requesting that as well.  All things considered it is a short read, and you'll smile as you read it. Now:  There is no guarantee that SCOTUS will be moved to grant review of Snope v Brown, but given just how many lower courts are still not understanding the Heller decision, even with the clarification provided by Bruen, we believe SCOTUS *WILL* grant Certiorari. If they do:  They will review the case this fall (just in time for the next legislative session) and there can only be one outcome, with that outcome being what we have been saying all along.  Bans on Semi-Automatic rifles (and by extension high-capacity magazines) – especially rifles which are undoubtedly "in common use" by law-abiding citizens for lawful purposes – will be found unconstitutional. If you would like more information on this case, check the SCOTUS docket  here. We will continue fighting, and your continued financial support is appreciated and critically needed.  If you are inclined to help us financially with this fight, please visit our Donation page. Be Safe; God Bless America, and please forward to like-minded friends! Yours in Freedom and Liberty - Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.

Current status of VTFSC lawsuit

Court cases take time...

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Bernard -- We had a motion for a preliminary injunction (PI) before the District Court of Vermont to enjoin enforcement of the Mag Ban and 72-hour Waiting Period pending trial. After receiving Judge Session's 88-page disappointing decision regarding our motion for a PI on the Mag Ban and Waiting Period, we appealed his PI decision to the 2nd Circuit.  When we did that, we conferred with the state to put a stay on our court case pending the outcome of that appeal and they agreed.  Since then, several other cases have been percolating along in the 2nd Circuit and elsewhere which have bearing on our PI appeal and our case, so we are now in the process of filing a request to stay our 2nd Circuit appeal until the 2nd Circuit makes decisions on those two other cases (Antonyuk and Lamont).  So, our VT Court case is currently stayed until our appeal is heard in the 2nd Circuit, as there is no point to proceed to trial when the judge's PI decision awaits review. We are now asking the 2nd Circuit to stay consideration of that appeal, pending their resolution of related cases.  We will continue fighting, and your continued financial support is appreciated and critically needed.  If you are inclined to help us financially with this fight, please visit our Donation page. Be Safe; God Bless America, and please forward to like-minded friends! Yours in Freedom and Liberty - Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.

88-Page Decision Denying TRO/PI

Mag Bans and Waiting Periods Still In Effect

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Bernard -- On December 18, 2023, the Vermont Federation of Sportsmen's Clubs, along with two Vermont gun stores and two Vermont citizens, filed a federal lawsuit in the United States District Court for the District of Vermont challenging Vermont's standard capacity magazine ban and its firearms purchase waiting period. Two days later, we filed a Motion for a Preliminary Injunction, seeking to halt enforcement of the challenged laws. Yesterday, July 18, 2024, in an 88-page decision, Judge Sessions denied our Motion for a Preliminary Injunction for both the Magazine Ban and the Waiting Period laws. We are reviewing the decision and considering our options in moving forward with our fight against these unconstitutional laws, including an interlocutory appeal to the Second Circuit.  This is a disappointing outcome, but not entirely unexpected. We will continue fighting, and your continued financial support is appreciated and needed.  If you are inclined to help us financially with this fight, please visit our Donation page. Be Safe; and God Bless America! Yours in Freedom and Liberty - Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.

Happy 4th of July!

We Are All Americans - United We Stand

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Bernard -- On this most auspicious day, the Vermont Federation of Sportsmen's Clubs wishes all of you a safe and happy day as we celebrate America's Independence Day. We have much to be grateful for, and as we gather with family and friends to recreate, enjoy cookouts and watch fireworks, we should all take a moment to reflect on just how great America is. While we had hoped for a response prior to July 4th on our request for a Temporary Restraining Order on the existing Mag Ban and Waiting Period, our belief in the Constitution and our sense of Freedom and Liberty leave us no choice but to see this through until we win. We are especially grateful that you stand with us. Be Safe; Be Well; and God Bless America! Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.

Status of PI/TRO

What you can expect in the coming days

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Bernard -- Two days after we filed a legal challenge on the constitutionality of Vermont's Mag Ban and 72-Hour Waiting Period, we filed a motion for a Preliminary Injunction(PI)/Temporary Restraining Order(TRO) against the same laws. While the trial itself is at present expected to take place later this year, the hearing on the PI/TRO spanned two days, March 23 and June 3rd.  I previously reported that we felt we did well on both days. At the end of the hearing, Judge William Sessions instructed each side to write a 10-page supplement to their positions which would be due on 6/13.  He then instructed each side to review the other side's supplement, and then provide a rebuttal to that supplement which would be due on 6/18.  The Supplemental Statements submitted by each party can be read at the links below: State's Supplement VTFSC Supplement The Rebuttal Statements from each party can be read at the following links: State's Rebuttal to VTFSC Supplement VTFSC Rebuttal to State's Supplement All the above documents as well as other expansive case-related documents are now in Judge Session's hands.  After he completes his review he will write his decision, but he has some latitude in when he must deliver that decision.  Given that the core issues involve Constitutional Rights however, it is expected that he will not allow this to sit very long. Just so you are aware, and in the interest of full disclosure, to date the legal fees for this case have exceeded $140,000 with all but $2,500 of that coming from within Vermont, which is amazing.  We however are not done… The Federation is YOUR VOICE at the Legislature And COURT! It is the Federation's duty and honor to represent our clubs, individual members, Federal Firearm License holders (FFLs) and sponsors in regards to F&W and 2A issues. Raffles We sold out all of our 30/30/$40 raffle tickets, with winning numbers being drawn each night this month.  WE STILL HAVE CENTURY ARMS RAFFLE TICKETS! If you like what we do, please consider supporting us. Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.

Hearing on Preliminary Injunction completed TODAY!

Update on what happened in court...

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Bernard -- Today, June 3rd, VTFSC President Chris Bradley, along with VTFSC Vice-Presidents Charles Ferry and Col. Terry Williams were at the Federal Courthouse in Burlington at 9AM to attend the last day of our Hearing seeking a Preliminary  Injunction on Vermont's' Magazine Ban and 72-hour Waiting Period laws. The first part of the Hearing occurred on May 23rd, where Judge Sessions heard testimony from two of the plaintiffs (VTFSC President Chris Bradley and Bill Cleary owner of the Powderhorn) as well as testimony from one of the State's two selected expert witnesses, Lucy Allen. As previously related, we believe that the May 23rd Hearing went very well for the plaintiffs.  Both Mr. Bradley and Mr. Cleary were articulate and clearly described the harm that these two unconstitutional laws have caused to law-abiding Vermonters.  In contrast to testimony provided by Mr. Bradley and Mr. Cleary – which left the State very little to pick on in cross-examination - our legal team then did an outstanding job of discrediting the testimony and report of Lucy Allen, who is a "professional witness" who charges $1,200 an hour. As an aside here:  After the grilling Lucy Allen received on May 23rd by our exceptional legal team, the State asked if we would agree to allow their second expert's testimony to be submitted without us being able to cross-examine him. This request was politely declined. The hearing today was scheduled to allow the State to bring forward their second expert witness - a certain Professor Robert Spitzer – who charges $750 per hour and states that his expertise is in the history of gun laws in America.  Under the Heller and Bruen decisions:  The State retained Mr. Spitzer as their "expert" to outline the historic laws that could possibly be analogues that would reinforce and support the Legislature passing the Large Capacity Ammunition Feeding Device law (13 VSA § 4021) and the 72-hour Waiting Period (13 VSA § 4019a). In his report to the court, Mr. Spitzer had assembled a list of historic laws which he believed provided historical analogues to the magazine ban.  Across 2 ½ hours, our legal team dismantled that report by pointing out that virtually every law he mentioned was mis-categorized by Mr. Spitzer as either being a ban when they weren't, or by stating that certain laws were representative of a given State when those laws were never state-wide but were instead one-offs for specific locations within State.  Many of these laws related to Bowie Knives and not firearms. While he attempted in vain to defend the magazine ban, he admitted under oath that there really were no analogues to the Waiting Period, other than the theory that since firearms were not being mass produced, they were not always readily available to buy due to them having to be custom made. It was another good day in court for the "good guys." The next step is that the Judge allowed each side to write and submit supplemental arguments in 10 days.  Each side will then be given 5 days to respond to the opposition's supplemental arguments. So:  15 days from now, on or about the week of June 16th – the Judge will be able to make a ruling on whether he will issue a Stay on the Mag Ban or Waiting Period. Either way:  We will then proceed to Discovery for the full trial. The Federation is YOUR VOICE at the Legislature And COURT! It is the Federation's duty and honor to represent our clubs, individual members, Federal Firearm License holders (FFLs) and sponsors in regards to F&W and 2A issues. If you like what we do, please consider supporting us. Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.

Initial Hearing on Preliminary Injunction was TODAY!

Update on what happened in court today

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Bernard -- Today at 8:30AM, we were in the United States District Court of Vermont for the initial hearing on our motion for a Preliminary Injunction to stay enforcement on Vermont's existing magazine ban as well as the new 72-hour waiting period law. While we were expecting a full day in court:  After the Hearing opened, Judge William Sessions indicated he had to stop the Hearing at 12:30, and if we were not finished, we would need to have another day. As you may know, we have several plaintiffs involved in this case, however our legal team prioritized and presented just two of those plaintiffs for strategic reasons:  The Vermont Federation of Sportsmen's Clubs (represented by me) as well as The Powderhorn (represented by Bill Cleary). Both I and Bill gave testimony, first being questioned by our legal team, and then cross-examined by the state. Modestly speaking:  Both Bill and I acquitted ourselves well; in fact we did very well. The state then brought forward their first of two witnesses they planned on bringing in, a lady named Lucy Allen.  Ms. Allen is an economist that has been used in several high-profile 2A cases across the nation, she charges $1,200 an hour for her expertise, and she was asked by the State to do two studies for the case: How many bullets are typically fired in a Defensive Use situation, and What the effect is of using high-capacity magazines in Mass Shootings After the State finished questioning her, our legal team did a masterful job of ripping her testimony to shreds, to the point where even an impartial observer (such as myself) felt she had very little credibility, not to mention relying on outdated data.  In fact, one of the judges to whom she previously presented her expertise openly questioned the reliability of her data, with this fact being pointed out by our team. This was, in my opinion, a Very Good Day for Vermont's Sportspeople. As for the case itself:  We currently expect Discovery to occur mid-summer, with our case likely being schedule for fall. The Federation is YOUR VOICE at the Legislature And COURT! It is the Federation's duty and honor to represent our clubs, individual members, Federal Firearm License holders (FFLs) and sponsors in regards to F&W and 2A issues. If you like what we do, please consider supporting us. Vermont Federation of Sportsmen's Clubs https://www.vtfsc.com/ VT Federation of Sportsmen's Clubs · 454 S Main St, Northfield, VT 05663, United States This email was sent to sportsmanscluboffranklincounty.clubnews@blogger.com. To stop receiving emails, click here. You can also keep up with Vermont Federation of Sportsmen's Clubs on Facebook. Created with NationBuilder, software for leaders.