A WIN in the Vermont Brady Lawsuit!

March 1st, 2012

—–Original Message—–
From: [email protected] <[email protected]>
To: [email protected] <[email protected]>; [email protected] <[email protected]>
Date: Friday, February 04, 2000 12:03 AM
Subject: RE: A Win In Our Vermont Brady Lawsuit

>On the 6 P.M., February 3rd news telecast, Vermont television station WCAX
>reported that Chittenden County Sheriff Kevin McLaughlin has announced that
>he would terminate the services of his office in performing Brady checks
>effective April 1st.
>
>This action came after a lawsuit was filed in Federal District Court in
>Burlington on September 1, 1999, with the suit naming Sheriff McLaughlin,
>Vermont State Police Commissioner Walton and Attorney General Sorrel as
>defendants. The suit charged that the parties had entered into an agreement
>to perform these checks without the state legislature providing enabling
>legislation and that there had erroneous denials of the right of citizens to
>purchase firearms.
>
>The had three members of the Vermont Legislature as plaintiffs: Senator
>Julius Canns (R) Caledonia; Reps. Neil Randall (L) Bradford and Fred Maslack
>(R) Poultney. These legislators charged that the defendants had usurped the
>authority of the authority of the legislature by engaging in these checks,
>therefore violating the separation of powers of the state. The lawsuit
>further alleged violations of statutory and constitutional law with regard to
>the Brady checks.
>
>The suit also had numerous other citizens, who had charged that they had been
>wrongfully denied the purchase of firearms. Also, the Gun Owners of Vermont
>was a plaintiff in the suit, representing the entire body of gun owners in
>Vermont. In, addition the suit also charged that the taxpayers of Vermont
>were being required to use taxpayer dollars to pay for checks would should
>have been performed by the FBI at no cost to Vermonters.
>
>The contract between the Vermont State Police and Sheriff McLaughlin had been
>the subject of a close vote on the floor of the House of Representative, that
>nearly resulted in the funding being removed, and the Senate Appropriations
>Committee added an appeal/complaint process and directed the VSP to turn over
>the Brady checks to the FBI by July 1, 2001.
>
>The lawsuit still remains active in the federal court.