Kostas Moros Profile picture
Nov 14, 2023 11 tweets 4 min read Read on X
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:
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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.
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We argue that the retroactive effect makes this notice issue particularly insidious. Image
The other half of the due process argument is vagueness. The law is very vague in a number of ways that we go through. Image
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.
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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. Image
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. Image
We also rebut the Herrera court's reliance on "muster" laws to uphold registration. Image
Registration wasn't a thing before the NFA. Image
Hopefully, the Court agrees and stops registration, or at least delays it until some time after the litigation on the underlying ban has concluded. Image
Please support all of our great plaintiffs who make this litigation possible.

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More from @MorosKostas

Mar 13
The Ninth Circuit is BIG mad about Judge VanDyke's latest dissent from denial of en banc rehearing.

Yes, it certainly is provocative. I guess Judge VanDyke may have read "Plain English for Lawyers."

But their outrage is misplaced. What they should be outraged at is this absurd situation. Biological men trying to force their way into a Korean spa that serves women and girls? Have we gone mad?

I am not some hardcore anti-trans activist, and I criticized the rumors of a "trans gun ban" last year. But this is preposterous. Nobody should be able force their way into a place where women and girls are exposed and vulnerable, with the State of Washington assisting them no less!

If a eyebrow-raising dissent helps this get attention (I certainly hadn't heard of this case before now), then good.Image
The basic facts of the case. Image
Note that the spa doesn't even ban trans women, just pre-op trans women. Pretty progressive overall for a traditional Korean spa.

Yet it wasn't enough.

Sidenote - this kind of legal bullying does not do the trans community any favors in terms of public perception. Image
Read 16 tweets
Mar 11
The Duncan petitioners have filed a short supplemental brief regarding the Benson ruling from the DC Court of Appeals. Let's take a look.Image
Strong summary, asserting there is an effective circuit split now and reminding the Court that denying the petition would mean thousands of Californians would be made criminals overnight.

The only thing I would have added was a line anticipating a possible en banc in DC. I'd say such a transparently corrupt move, given how rare en banc is, would only be further evidence that the Court must decide this issue as gun rights litigants otherwise have no hope in biased courts.Image
The Duncan Petitioners argue that the Benson ruling is an example of one that is faithful to Heller and Bruen, while the Ninth Circuit's ruling tried to undermine them. Image
Read 5 tweets
Dec 30, 2025
As a bit of a sneak preview of an upcoming amicus brief, let's take a look at how much more it costs to buy a handgun in California compared to most of the rest of the country using a compact Walther PDP as an example. Image
As you can see above, a standard one with a 15 round magazine goes for $530 on Bass Pro's website.

But that website also lets you select the California-compliant model instead, which comes with the state-mandated loaded chamber indicator, magazine disconnect mechanism, and 10 round magazines. Those unwanted but required "features" turn a $530 gun into a $649 gun.Image
But we are only just getting started!

California also required a background check for every gun purchase. In most other states, that background check is free. But California charges a $31.19 Dealer Record of Sale fee, a $1 Firearms Safety Act Fee, and a $5 Safety and Enforcement fee. $37.19 in total for the background check.
Read 7 tweets
Nov 21, 2025
The Supreme Court requested a response last week in a pro se petition filed by an extremely sympathetic petitioner caught up in an interstate carry mess.

I had not heard of this case before (pro se petitions are usually DOA), but given they called for a response, I will be considering an amicus brief in this case.Image
The questions presented, if granted, would obviously be narrowed. Image
The facts. Image
Read 7 tweets
Nov 9, 2025
This article is misleading and also a masterclass in how to lie by omission. Let's break it down. Image
Two bits of background information you should know beforehand:

1. "Stand Your Ground" does one thing, and one thing only: it gets rid of any duty to retreat before lawful self-defense. Every other element of self-defense must still be present before you resort to lethal force, or you are going to prison. It mainly serves to stop asshole prosecutors from second-guessing whether you "could have run away instead" in a life-or-death situation.

2. Stand Your Ground is the law in most of the country, including many Democrat states like California and Colorado. Varying levels of duty to retreat basically only exist in the Northeast at this point, plus Minnesota. Wisconsin and Nebraska have their own hybrids too. The rest of the country has Stand Your Ground either by statute or via common law.Image
The article begins with a double-lie:

"In 30 states, it often requires only a claim you killed while protecting yourself or others."

First of all, it's not 30 states, it's more like 40. But we can already see where they are going: trying to obfuscate about the blue states that also have SYG via common law, to make this about the "bad" progun red states.

Second, it's not true that it only requires a "claim", you must have all the elements of self-defense. Sure, sometimes the facts can be murky, especially if the only other witness is dead, but that's the case with any self-defense claim.
Read 16 tweets
Nov 8, 2025
This bit right here is completely outrageous to me. It is absolutely preposterous for a judge to redirect federal spending against what congress appropriated it for.

Why even have a separation of powers? Hell, the judge may as well order Congress to end the shutdown on his precise terms. What would be the difference? He is already taking over the power of the purse with this order.Image
I don't even think it was right for the judge to order the spending of the very limited contingency funds, as judges should not get to decide how money designated for an emergency gets spent.

However, at least that point was arguable. The further step he took was baseless and constitution-torching.
I hope the Supreme Court intervenes on this. I wish @AGPamBondi and team the best of luck.

Shutdowns are a high-stakes political game. If you are going to keep the government shutdown, it can't be the case that you get to run to courts and have your priorities ordered to be funded.

Congress has not appropriated more money for SNAP. The program basically doesn't exist until they do. Federal judges should not get to order it back into existence.

As the left likes to say, NO KINGS!
Read 6 tweets

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