Kostas Moros Profile picture
Nov 8 6 tweets 3 min read Read on X
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!
A gun rights restoration program doesn't exist yet (it will soon thanks to the Trump admin), but imagine it's 2029 or 2033 and one now exists.

Republicans disagree with the new Dem President, and shutdown the government. Processing of rights restoration applications pauses.

Republicans run to the courts, and a conservative district judge orders President Newsom (God help us) to redirect medicaid spending in order to pay for rights restoration.

That's what we're dealing with here. Maybe a bad example because rights restoration will be very cheap in the grand scheme, but you get what I mean.
Finally, it's funny how quickly this was filed because it proves the petition was already written. Everyone involved knows the First Circuit is a rubberstamp for Dems. Image
Update, stayed until 48 hours after the First Circuit's ruling on the pending motion to stay.

Of course, we all know how the First Circuit will rule. It's practically a foregone conclusion (but may they prove me wrong!). So really, this seems like SCOTUS saying "let us enjoy our weekend then come bother us again about this after."

Still, it's good that a blatantly unconstitutional order is stayed, for now.Image

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More from @MorosKostas

Nov 9
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
Oct 20
California just filed its opposition to the cert petition in Duncan, let's see what they argue. A thread on the brief.Image
"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.Image
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. Image
Read 15 tweets
Oct 1
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."Image
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.
Read 4 tweets
Aug 20
An idea for the Trump admin: consider restoring the Civilian Marksmanship Program.

It started over a century ago as a way to make sure the populace in a rapidly urbanizing country stayed proficient in marksmanship by providing affordable modern firearms to those interested in learning.

Today, while it still does some good work with competitions and youth shooting sports, it seems to be a shell of its former self, and the guns offered are all ancient. It's a way for collectors to get old rifles as auction items and buy military-issued 1911s for over $1000, basically.

It's also kind of outrageous that it is limited by state laws, and that should end. For example, the website says they can't ship 1911s to Massachusetts as state law won't allow it. The whole point of the CMP was to help ensure a competently armed populace, but states can undermine that?

A revitalized Civilian Marksmanship program would be better funded, have a presence in public high schools where it could teach gun safety and responsibility, and sell more modern surplus firearms at affordable prices to Americans in every state (as it should be exempt or preempt from any state laws).Image
As some pointed out below, CMP also sells $500 1911s made more recently, but those are no available in Massachusetts, California, or even DC due to state and local laws in each.

That's just absurd. Those state laws shouldn't exist in the first place, but even given they do, the CMP should absolutely be exempt. Especially in the literal capital city! Congress should immediately nullify any DC laws on this.Image
Not counting air rifles, the most modern rifles they sell date back to WW2 era.

No reason they should not be offering more modern surplus guns.

Garands and M1 Carbines are very, very cool. But they are not what a modern citizen in 2025 looks to buy to become a proficient marksman.

The CMP should not be a niche program for collectors. That's not why it was created. It's fine if it's also that, but not only that.Image
Read 4 tweets
Aug 7
Today the Sixth Circuit ruled on a machine gun case. In this thread I'll take a look at the relatively short majority opinion and skim the longer concurrence as well.

The panel is a Reagan, Bush, and Trump judge. They seem to have ruled that while machine guns are "arms" under the Second Amendment, restrictions on them are nonetheless constitutional. Let's see what the reasoning is.Image
Ah yes, another example of "bad facts make bad law."

Very hard to win these cases when the criminal defendant making the Second Amendment claim is someone who tried to kill police officers.

The "machine gun" in this case was a Glock switch. Image
Here is where we start to run into the limits of the "common use" standard. While it is enough to stop bans on common semiautomatic rifles (if SCOTUS ever enforces its own precedent, that is), it leaves us high and dry on machine guns.

They can't enter common use because the government made them prohibitively expensive, and then in 1986 banned them even if registered. You can only get pre-1986 machine guns, and those cost tens of thousands of dollars. The government essentially stopped them from being in common use.

In one of the only correct things the Seventh Circuit has ever said on 2A, “It [is] absurd to say that the reason why a particular weapon can be banned is that there is a statute banning it so that it isn’t commonly owned. A law’s existence can’t be the source of its own constitutional validity.” Friedman v. City of Highland Park, 784 F.3d 406, 409 (7th Cir. 2015).

At least with SBRs and suppressors, there is no Hughes Amendment so people have still bought lots of them despite NFA tax and registration. Machine guns didn't get that chance.Image
Read 37 tweets
Jul 14
The Third Circuit released its ruling in US v. Harris, a case concerning 18 U.S.C. §922(g)(3) and its intersection with marijuana usage.

Second Amendment Foundation has a pending lawsuit on a similar issue called Greene v. Garland, which deals with individuals who use medical marijuana, so I thought I'd take a look at what the Court said in Harris. A thread.Image
Before I begin, you can see more about @2AFDN's case Greene v. Garland here:

saf.org/greene-v-garla…
As is often the case with these sorts of criminal matters, the criminal defendant often isn't the model of good behavior, so you run into the "bad facts make bad law" scenario frequently. Image
Read 28 tweets

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