Background & Updates

On December 18th, 2023, the Vermont Federation of Sportsmen, along with other plaintiffs, filed suit in the United States District Court for the District of Vermont challenging Vermont's existing Standard Capacity Magazine Ban (13 VSA 4021) as well as the newly passed firearm purchase waiting period (13 VSA 4019a). 

Two days later on December 17th, we filed a Motion for a Preliminary Injunction (PI) seeking to halt enforcement on the challenged laws.  The State of Vermont responded to our motion with this response; with our response to theirs seen here.

On May 23rd 2024, Judge William Sessions presided over day 1 of the hearing for the PI, and then presided over day 2 on June 3rd 2024.

On June 3rd, the Judge ordered each side to write a 10-page Supplement due on June 13th.  These were:

• State's Supplement
• Our Supplement

After reading the other's Supplement, the judge wanted a rebuttal from each side, due June 18th.  These were:

• State's Rebuttal to our Supplement
• Our Rebuttal to State's Supplement

After SCOTUS issued the Rahimi decision, the judge asked for supplements concerning it's effect.  These were:

• State's Rahimi Supplement
• Our Rebuttal to State's Rahimi Supplement

On July 18 2024, Judge Sessions denied our Motion for a PI for both the Magazine Ban and the Waiting Period laws in an 88 page decision, .

We then appealed his decision to the United States Court of Appeals for the 2nd Circuit.

When we appealed, we approached the State of Vermont, and the State of Vermont agreed to stay our challenges in Vermont District Court until the Appeal on the PI had been heard and ruled upon; so our Challenge to the two laws is on hold for now in that court.

After filing the appeal with the 2nd Circuit, and with the understanding that the 2nd Circuit would be dealing with a similar case (NAGR v Lamont, challenges to CT's Assault Weapons and High-Capacity Magazine Ban), we offered a Motion in the 2nd Circuit to Stay our PI Denial Appeal until after Lamont had been decided.  The 2nd Circuit agreed to this motion, so our PI Denial Appeal was put on hold until after they ruled on NAGR v Lamont.

On August 8, 2025, the 2nd Circuit issued their decision on NAGR v Lamont, which was an appeal from the District Court of Connecticut's denial of a PI in that case, denied the appeal and agreed with the lower court that the challenges to the AWB and Mag Ban would not likely succeed, meaning that the 2nd Circuit supports the concept that both bans are constitutional.

In rendering that ersatz and wrong-headed decision, the 2nd Circuit essentially set a precedent on the issue of High-Capacity Magazine bans that holds that such bans are constitutional.  What that decision meant to our case was that our challenge to the Magazine Ban was rendered moot (it had already been decided by them).

While our appeal of Vermont District Court's denial of a PI on the Waiting Period was still alive, the challenge to the magazine ban died until we get a ruling out of Supreme Court of the United States (SCOTUS) - and after they denied granting Certiorari on Snope v Brown or Ocean State Tactical v Rhode Island in their last term, several other cases have bubbled up and are awaiting review by SCOTUS, with Duncan v Bonta being one of them (challenging AWB and Mag Ban).

In an attempt to have the 2nd Circuit review our full appeal (both the waiting period and mag ban), we filed a motion in the 2nd Circuit to hear our appeal En Ban (heard by the full 12 judges of the court) versus being heard by only a panel of 3.  That motion was denied by the 2nd Circuit, so we proceed to appeal ONLY the 72-Hour Waiting Period.

So:  We are poised to give argument in the US 2nd Circuit Court of Appeals, and we are being supported by two (2) killer Amicus Briefs.

To date, we have spent more than $200,000 on this case, and were initially told this would cost over $300,000 to take it through the 2nd Circuit and then possiblt to SCOTUS.

Failure is not an option, we will continue to fight this, and we could use your financial assistance.

Click here to see how you can help.