Decision here.Â It seems to rest Cruikshank, Presser and Miller still being valid law, even though the last of those cases was decided in 1894, before the modern selective incorporation doctrine.
The Court did not say that Cruikshank, Presser, and Miller rejected a particular argument for applying the second amendment to the states. It said that they hold â€œthat the Second Amendment applies only to the Federal Government.â€ The Court added that â€œCruikshankâ€™s continuing validity on incorporationâ€ is â€œa question not presented by this caseâ€. Ibid. That does not license the inferior courts to go their own ways; it just notes that Cruikshank is open to reexamination by the Justices themselves when the time comes. If a court of appeals may strike off on its own, this not only undermines the uniformity of national law but also may compel the Justices to grant certiorari before they think the question ripe for decision.
Despite a lot of obvious bias against the Second Amendment coming through, what they have done here is essentially kicked ball over to the Supreme Court.Â The circuit split makes it very likely the Supreme Court will hear the appeal.