This message is a heads-up that Oral Arguments on our appeal of the District Court of Vermont’s denial of our motion for a Preliminary Injunction (PI) on the 72-Hour Waiting Period is scheduled to be heard in the 2nd Circuit Court of Appeals at 10AM tomorrow, Tuesday 4/28.
Stepping back for a moment, you will recall that we originally challenged both the Large Capacity Magazine Ban and the 72-Hour waiting period. When the Vermont District Court issued the denial of our PI, we immediately appealed that decision up to the 2nd Circuit, with our court case being put on hold in the District Court of Vermont until our appeal was heard and decided.
On August 22, 2025, the 2nd Circuit made a ruling on an appeal in NAGR vs. Lamont where they (incorrectly) ruled that a ban on Large Capacity Magazines *IS* constitutional. With that decision, our challenge to Vermont’s Magazine Ban was rendered moot (at least in the 2nd Circuit) until the Supreme Court of the United States (SCOTUS) rules on either Duncan v Bonta or Gator’s Custom Guns v Washington (both of which are challenges to Magazine Bans).
These Oral Arguments can be listened to at the following YouTube link, but be advised it will only be audio, there is no video.
https://www.youtube.com/results?search_query=supreme+Court+arguments
The 2nd Circuit’s schedule shows that the Oral Arguments for our case will start at approximately 10AM, but it could start a bit before or after. A 3-judge panel of Justices Lynch, Bianco and Menashi will hear it with our lead Counsel Brady Toensing speaking for us (the good guys) with each side being given 10 minutes.
This will be extremely interesting as there is now a Circuit split between the 1st Circuit and the 10th Circuit on the questions of Waiting Periods with the 1st Circuit stating that a Waiting Period doesn’t even impact the Second Amendment (and is therefore constitutional) with the 10th Circuit stating that such a ban is unconstitutional.
To date, we have invested over $250,000 in this challenge and we still have a long way to go. While you may have donated money to this cause previously, I ask that you please consider donating again. If you have not yet donated…we ask that you consider what your rights are worth, and then please consider donating.
On other fronts, S.329 (which began as H.606) now has 8 sections, with another amendment to this bill in the works. The Senate Judiciary has S.329 on its agenda for Thursday April 30th at 10AM as “Mark-up and Possible Vote.”
Whatever the final form it has taken in Senate Judiciary, it will then move through the Senate and House floors where it will end up in House Judiciary for further refinement. We WILL be testifying further to that bill, and we will keep you informed.
If you like what we do to protect your rights, you can donate to our efforts using this page, and please forward this to your like-minded friends and family.
