â€œThe Chicago case is unlikely to have much practical impact on most gun laws regardless of how the Court rules.Â Â Even if the Court were to hold the Second Amendment applicable to states and localities, such a ruling is unlikely to change the crucial holding by the Supreme Court inÂ Heller that a wide range of reasonable gun laws are presumptively constitutional, and that the Second Amendment right is narrowly limited to guns in the home for self-defense. Since theÂ Heller decision, the gun lobby and criminals have brought at least 170 challenges to gun laws or to block criminal gun prosecutions. With only a handful of exceptions, those challenges have failed.â€
You keep right on reading Heller the way you want to. If all you manage to get is that the government can keep guns out of the hands of criminals, I’m OK with that. The other amusing thing, and you can bet Helmke knows this, it doesn’t matter if desperate defense attorneys with criminal clients and Hail Mary Second Amendment claims fail 100% of the time. All that matters is that we win the right cases. This case the Supreme Court has agreed to take is one of those cases.
The stakes are high. The Brady Campaign is pretending the stakes are low. No reasonable observer can really believe that. By downplaying the significance, it gives you a pretty good idea of what they think their chances are. They are already acting like they lost.