Gun Group Sues Over Vermont’s New Waiting-Period Law

Another Vermont gun law, another legal battle.

The Vermont Federation of Sportsmen’s Clubs is taking aim at a newly enacted gun-safety measure that imposes a 72-hour waiting period on most firearm purchases.

The group filed a lawsuit on Monday in U.S. District Court in Burlington contending that the new law, Act 45, violates the Second Amendment of the U.S. Constitution.

Democrats at the Statehouse voted overwhelmingly to pass the bill in May. Proponents pitched the waiting period, as well as provisions that require safe storage and expand the existing “red flag law,” as ways of reducing the state’s high suicide rate.

In June, Gov. Phil Scott, a Republican, allowed the bill to become law without his signature while suggesting it may not pass constitutional muster.

The sportsmen’s federation is joined in its lawsuit by gun shops Powderhorn Outdoor Sports Center and Black Dog Shooting Supplies, Vermont GOP chair Paul Dame and Vermont Women’s Shooting Association founder Marsha Thompson.

The waiting period hurts gun shop sales by discouraging “spontaneous purchases,” the 50-page complaint contends.

But discouraging “spontaneous purchases” is exactly how waiting periods can save lives, advocates say. The bill’s sponsor, Rep. Alyssa Black (D-Essex), pushed for the law after her 23-year-old son bought a gun and fatally shot himself just hours later.

Vermont is one of 11 states that impose a gun-purchase waiting period, according to Everytown for Gun Safety.

An attorney representing the plaintiffs, Brady Toensing, questioned whether the new law would reduce gun violence. Regardless, he said, “the interest-balancing occurred when the Second Amendment was written.”

The lawsuit also renews a challenge to the state’s ban on high-capacity magazines. The Vermont Supreme Court has already upheld the 2018 law. The sportsmen’s federation is now challenging it under federal law.

The legal challenge follows a landmark decision last year by the U.S. Supreme Court, New York State Rifle & Pistol Association, Inc. v. Bruen, that further expanded the country’s unparalleled right to bear arms. In the wake of the ruling, federal courts around the country are fielding a flurry of challenges to similar gun laws in other states.

“We look forward to defending this lawsuit for Vermont,” a spokesperson for Vermont Attorney General Charity Clark said.