Bad case, bad defendant. Â This was probably a fore drawn conclusion. Â Gura’s case in Palmer is different, as he says here:
Alan Gura, the Alexandria, Va. attorney who filed the civil suit, told me on Wednesday evening that he doesn’t think the recent appeals court decision will make much of a difference.
“We’re not challenging the requirement for a license,” Gura said. But, he added, “there has to be the ability for people to quality for a license.”
I fully believe that a requirement for having a license to carry a concealed firearm is not within the spirit of what our founders would have believed about the Second Amendment, but it probably follows the Joe Huffman Corollary:
Infringed rights extinguished for a generation are probably going to go extinct. Think of machine guns in this country and handguns in the U.K. the odds are very slim that those will be regained via political and/or judicial processes.
I think this is unfortunately true, so I can appreciate Gura’s strategy here. Â If we’re not going to get unlicensed carry out of the courts, objective criteria is at least better than what you’ll get in New Jersey, Massachusetts, or Illinois.