The "common wisdom" in the circles that I travel within, hold that if Kachalsky is not granted cert, we are in real trouble.
The real question that is being asked, and it is also the question that is being avoided, is whether or not we have a right to carry in some form or manner. So far, the majority of the courts (district and appeals) have joined with the defendants and frame the question as one of concealed carry which, as a right, we don't have.
Alan Gura was correct to frame this, in his reply brief at cert, as a challenge to the Supreme Court. Either we do or we don't. Say it explicitly.
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