Originally Posted by sholling
The bottom line is that even if we get a win and strict scrutiny it's going to take at least 2 more trips up to the US Supreme Count before the lower courts start to take the 2nd Amendment (the red headed step child of of the Bill of Rights) seriously.
Agreed, but I still stand by assertion that the lower courts act the way they act primarily due to the lack of established framework and not so much out of their free will.
The trips to SCOTUS are required precisely in order to provide the required guidance. Remember, there was a recent court case where the appellate court stated something along the lines: "If the Supreme Court intended the right to arms to extend outside the home they should say so." Is it a cynical defiance, or a genuine call for guidance?
Kachalsky should clarify that particular issue. Keep our fingers crossed.