Kostas Moros Profile picture
Attorney with Michel & Associates representing @crpanews. Any opinions here are only my own. Become a member of CRPA or donate here: https://t.co/kNQpZ3pCFy

Nov 14, 2023, 11 tweets

We've file our motion for preliminary injunction to stop Illinois's "assault weapon" registration requirement on behalf of Federal Firearms Licensees of Illinois, @GSL_IL , @GunOwners, @GunFoundation, @piasaarmory, and individual plaintiffs.

You can read it here:

We make two due process arguments, the first being that Illinois has not made a serious effort to provide notice to those affected.

Even if someone is aware their rifle, pistol, or shotgun is affected, many are not aware that the law even requires registration of underlying parts. A loose pistol grip must be registered. Or @FreedomSsteel's lightsaber.

We argue that the retroactive effect makes this notice issue particularly insidious.

The other half of the due process argument is vagueness. The law is very vague in a number of ways that we go through.

The 7th Circuit ruling complicates our Second Amendment claim, but we are confident it will eventually be reversed. And being just a preliminary ruling, we don't think the District Court is bound from ruling for us on 2A grounds. But even if the judge decides he is, we present the argument in full here to preserve it for appeal.

You cannot square a constitutional amendment that exists in part to be a final check on tyrannical government, with a government registration requirement.

I'm not sure if anyone has outright argues this before in litigation, but time to stop dancing around it.

Even got to cite a forthcoming law review article by some very smart lawyers. Many people are saying they are the best in the field.

We also rebut the Herrera court's reliance on "muster" laws to uphold registration.

Registration wasn't a thing before the NFA.

Hopefully, the Court agrees and stops registration, or at least delays it until some time after the litigation on the underlying ban has concluded.

Please support all of our great plaintiffs who make this litigation possible.

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