Post

More from @MorosKostas

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

Kostas Moros

@MorosKostas

Oct 8, 2024

Note that California law classifies ALL Glocks as "unsafe handguns" because they do not have a compliant chamber load indicator, lack a magazine disconnect mechanism, and until our lawsuit caused California to repeal the requirement, of course lacked microstamping.

The only reason we can still buy Gen 3s is because they are grandfathered in, but they are still "unsafe handguns". We can't buy more modern Glocks new in gun stores (just secondhand from exempt cops, or from those who moved here with them from other states).

She supported the Unsafe Handgun Act and expanded it such that microstamping began to be enforced in 2013. So why does she own an "unsafe handgun"?

If a Glock is "safe" enough for Kamala Harris, she should call for the repeal of the handgun roster so Californians can buy more modern Glocks.

The lives of millions of regular people aren't worth less than hers.

Thanks to our lawsuit on behalf of CRPA and others in Boland v. Bonta, new semiauto pistol models have been able to enter the California roster for the first time in a decade after microstamping enforcement stopped.

But the guns added are still just a small fraction of the whole market, as it's not possible (or sometimes not financially feasible) to redesign guns to have the unwanted magazine disconnects and chamber load indicators.

Read 4 tweets

Kostas Moros

@MorosKostas

Sep 3, 2024

This 1890 congressional debate on a bill banning the carrying of weapons in Washington DC is interesting in how much it repeats so many things we are still arguing about to this day.

First, the text of the bill:

Congressman Blount knew how this could be abused, even with the apparent allowance for open carry.

Congressman Grout (from Vermont), in response, seems annoyed Blount (from Georgia) is even debating this.

Grout quickly reveals the impetus for the bill, this was yet another example of gun control racism.

And apparently, "minors" was code for "black minors."

Read 17 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!