Post

More from @MorosKostas

Kostas Moros

@MorosKostas

May 1

Time for a thread on the amicus brief submitted by the United States (!!!) in Wolford v. Lopez.

To my knowledge, it is the first-ever Supreme Court brief filed by the United States in full support of petitioners challenging a gun law as unconstitutional under the Second Amendment, but someone correct me if I am wrong on that assertion. The amicus brief in Heller that the Bush administration did was more wishy-washy (i.e., yes 2A is an individual right but please remand because the analysis was wrong).

Great introduction that goes into the ramifications of the vampire rule. And as our amicus brief will cover, this was intentional. The vampire rule was created by antigun academics who openly stated the aim was to discourage carry.

This is why we insist on calling it the "Vampire Rule" in our briefing, a term invented by @2Aupdates.

It is NOT actually a "default" rule, because it is not default for anyone but those carrying with a CCW permit. A whole bunch of other categories of people carrying are exempt. The sudden concern with "private property rights," from people who have never met regulations affecting private property they didn't love, is totally phony.

Read 14 tweets

Kostas Moros

@MorosKostas

Mar 20

Alright, I think I'm the last one getting to it as I was driving when this released, but time for a thread on the en banc Duncan ruling.

For those not as informed, this loss was 100% expected. it's the same panel as the 2020 en banc, and the same exact result, 7-4. For the judges in the majority, Bruen clearly changed nothing because they decided this result before even thinking about the relevant law. We all know it, and it's important we be open about that, as dissenting judges have been in the past.

But in an important way, this is actually a win on timing. They could have held onto this for way more time. Instead, CRPA can seek cert, and maybe even be considered alongside Snope.

This thread is also a historic one because I have to figure out how to cover the first-ever video dissent!

Bruen was clear that judges are not supposed to engage in interest balancing, and yet every hostile ruling on magazines or "Assault weapons" begins by heartstring-tugging about mass shootings.

Besides being wrong on the law, it's also wrong on policy. California's laws have not stopped it from having a disproportionate share of mass shootings.

Heller was clear that an arm includes everything someone takes into their hands to cast at or strike another, citing founding-era dictionaries.

Read 64 tweets

Kostas Moros

@MorosKostas

Jan 15

En banc denied in May v. Bonta, Carralero v. Bonta, and Wolford v. Lopez, our case and two others concerning overexpansive sensitive places laws in California and Hawaii. Not really surprising. Now we will either seek SCOTUS cert review, or, go back down to get a final judgment.

There were 8 dissenting judges from the denial of en banc review. A thread on the dissenting opinions.

Ok?

Not sure why they didn't just join the VanDyke dissent....maybe he said mean things about their colleagues lol

They aren't really all that creative, New York did the same thing. But the 2nd circuit struck their vampire rule, unlike Hawaii's. (California's was stricken for a very technical difference)

Read 15 tweets

Kostas Moros

@MorosKostas

Nov 26, 2024

The Snope reply brief is in. This concludes the briefing for the cert petition (aside from any amicus briefs coming in support of the state).

Let's take a look at what they argued in response to Maryland's opposition.

A strong opening here, basically telling the Court that if they don't put a stop to this, it will have only itself to blame when the abuse continues. I would only add that the reason the lower courts have all gone the same way is because the more pro-gun circuits never see such cases, being generally made up of more pro-gun states.

Agreed. "Percolation" is valuable only if you assume good faith. And we have no reason to in this context.

Read 8 tweets

Kostas Moros

@MorosKostas

Nov 13, 2024

Let's take a look at Maryland's opposition brief to the cert petition in Snope v. Brown, the case we are all hoping the Supreme Court decides to take so it can settle the "assault weapon" issue (and hopefully some other issues).

Props to the Maryland attorneys for getting this done despite having to type through the tears of Kamala's loss.

They always focus on this language from Heller, but ignore four things:

1. It was dicta inserted mainly to keep Justice Kennedy on board.

2. It was clearly referring to machine guns, not semiautomatic rifles.

3. Heller's author and Bruen's author dissented in Friedman from the denial of cert, and were very clear that semiautomatic rifles like the AR-15 may not be banned.

4. SCOTUS GVR'd this very case after Bruen. If they thought this was a settled question, no reason to do that (and it's why I'll be very mad if they deny cert now!)

If SCOTUS dodges, this may be why. But it would be a very bad excuse to do so.

No "percolation" is likely to happen in any pro-2A circuits, because the states within those circuits do not pass bans on firearms. So only hostile circuits like the 4th, 7th, 9th, etc. will hear these cases. Not the progun 5th, 11th, or 8th. |

And while SCOTUS lets them "percolate", the anti-2A courts will continue to bastardize Bruen beyond recognition, just as they did Heller.

Read 20 tweets

Kostas Moros

@MorosKostas

Nov 8, 2024

A thread on our final judgment from Judge McGlynn in our case of FFL-IL v. Pritzker. We represented Federal Firearms Licensees of Illinois, Guns Save Life, Gun Owners of America, Gun Owners Foundation, Piasa Armory, and individual plaintiffs in this challenge to the euphemistically named "Protect Illinois Communities Act" (an "assault weapon" and magazine ban).

The "Rorschach test of America's gun debate." I like that.

I am going to skip through the background section as I am sure everyone following this case is well aware.

Tl;Dr - challenge to Illinois's "assault weapon" ban, magazine capacity limit, and registration requirement.

Read 45 tweets

Share this page!

Enter URL or ID to Unroll

Kostas Moros

Try unrolling a thread yourself!

More from @MorosKostas

Kostas Moros

Kostas Moros

Kostas Moros

Kostas Moros

Kostas Moros

Kostas Moros

Did Thread Reader help you today?

Don't want to be a Premium member but still want to support us?

Send Email!