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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Alright, let's take a quick look at some highlights from our amicus brief in US v. Allam before I call it a night.
The case is a rare opportunity for a friendly circuit to hear a "sensitive places" case, which is what caught our interest. At issue is the federal gun free school zones act, which blocks carry within a thousand feet of a school, subject to some exceptions. The case is not about carry on school campuses themselves, just the zones around them.
The petitioner is not particularly sympathetic. But he is mounting a facial challenge, and so we approached this argument from the perspective of regular citizens.
The district court's ruling was kind of bizarre in that it rejected all of the government's proposed analogues because none of them restricted zones around schools, just the schools themselves. That's correct!
But then, the district court presented its own history, a few old polling place buffer zone laws, and said THAT was the right analogue, and upheld the federal law.
We think the district court made three critical errors.
My Rahimi live thread here. The basic holding is, as Chuck notes, "When an individual has been found by a court to pose a credible threat to the physical safety of another, that individual may be temporarily disarmed consistent with the Second Amendment."
8-1 case.
ROBERTS, C. J., delivered the opinion for the Court, in which ALITO, SOTOMAYOR, KAGAN, GORSUCH, KAVANAUGH, BARRETT, and JACKSON, JJ., joined. SOTOMAYOR, J., filed a concurring opinion, in which KAGAN, J., joined. GORSUCH, J., KAVANAUGH, J., BARRETT, J., and JACKSON, J., filed concurring opinions. THOMAS, J., filed a dissenting opinion.
Getting my toddler breakfast, then we begin 🤣
First bit of good news comes at the start of the analysis. This language would seem to call into question laws that disarm AFTER a restraining order has ended. California bans people who had a restraining order from carrying for five years.
Oh hey, addition to my 19th century historical sources thread coming. Thanks Justice Roberts.
A thread on Garland v. Cargill. I am not a technical expert on firearms nor experienced in these sorts of agency rule challenges. But I'll do my best.
Notably, this case is not at all about Chevron deference - ATF disclaimed that and just argued their bump stock ban was faithful to the law, no deference required.
This is the whole fight in this case. What does "single function of the trigger" mean?
I think it is pretty clear that bump stocks do not make it so that semiautomatic firearms can fire automatically with a single function of the trigger. They just essentially make the user pull that trigger faster.
Good explanation on how bump firing works without a bump stock.
Fun fact - California's dumb laws make unintentional bump fire possible. One time a family member and I were at the range shooting a fin-grip compliant rifle, and he let off 2 or 3 shots at once unintentionally. We can't be certain, but he believed it was an accidental bump fire, because the fin didn't let him get a good grip on the rifle.
It's kinda interesting how the Sears catalog often advertised guns for pocket carry. This one is from 1901.
"Expert" historians for the state like to claim that carry was uncommon in the 19th century. The large amount of ads boasting a handgun could be carried concealed seem to go against those claims.
Also amusing: Colts were by far the most expensive, and apparently did Apple-style price protection. In its Colt section, Sears complains Colt won't let them list the pistols any lower.
The old Sears catalogs are a ton of fun to look through, and not just for guns.
Prepared by the excellent @Stambo2A, Rob Olson, and Oliver Krawczyk. We work with them on several cases and it is always a pleasure.
@Stambo2A On top of all this, it also is of no benefit to anyone for trial to proceed on the Seventh Circuit's erroneous test. At minimum, if the Court won't resolve this now, they should kick it back to 7COA with instructions to scrap their garbage "military" test.
Disappointing, if not at all unexpected decision. I’m not doing a full thread right now, but some especially erroneous portions.
Such as claiming that Teter said something outlandish and out of step, when it’s actually what THE SUPREME COURT SAID. Teter was just quoting the Supreme Court, as this acknowledges by mentioning (but ignoring) Heller. Incredible.
There is no other right in the original Bill of Rights for which the “operative period” is the reconstruction era.
Paging @fourboxesdiner
@fourboxesdiner Given I won’t have many nice things to say about this ruling, I’ll praise this footnote.