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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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.
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.
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.
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.
The questions presented, if granted, would obviously be narrowed.
This article is misleading and also a masterclass in how to lie by omission. Let's break it down.
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.
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.
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.
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.
California just filed its opposition to the cert petition in Duncan, let's see what they argue. A thread on the brief.
"May acquire as many approved firearms as they want" is a funny point, because it has only been true for a few months since California lost in Nguyen. California was trying to limit us to one gun per month.
As is always the case, antigunners want very expansive definitions of mass shootings EXCEPT when arguing to uphold AWBs and mag limits, then all of a sudden they want to limit it to the worst (and most rare) mass shootings. The GVA definition goes out the window immediately.
This local news segment is funny because Sheriff Luna ADMITS they have been making people wait too long, while in their official PR statements, they are denying that.
He says:
"I wish we didn't have to make people wait too long, but we've got to do it right, I don't want to be issuing CCWs to people who shouldn't have them."
Also, his point is nonsense.
He could simply require a livescan and a training course, and skip the rest. That's what every other state does (some don't even have the training course) and yet they have no issue with people with CCW permits committing lots of crimes. In fact, they rarely ever do.