You're asking a legal question when you should be asking a public opinion or cultural question. The left is on the offensive once again and the right is on the defensive once again because the left hijacks the language and defines the arguement. They have done this with race relations, redistribution, illegal imigration etc. etc. They redefine the terminology, label us and then appeal to the emotions of all of the low information voters with half logic. The left is willing to make unprecidented noise, name call, make threats and generally debase themselves without a moment of embarassment. Take a look at Madison Wisconsin durring the Walker recall or any G-8 summit or Detroit durring the recent Right to Work legislation or any Occupy Wall Street camp. Compare their behavior with how they were reported, or not reported. Then look at the behavior of the Tea Party and compare it with how they were portrayed.
We can file law suits and maybe win some battles. But that will only go on until the left changes the culture behind the scenes and makes it impossible to install judges and legislators sympathetic to any of our causes including the 2nd Ammendment.
Until we relalize that the call to civility is really just an invitation for us to shut up. Until you can bring yourself to look your anti 2nd Ammendment neighbor in the eye and explain to him why he is unamerican and unpatriotic and advance the arguement that you already know to be true. Untill you can attack the left's arguements on racism, immigration, identity politics, critical race theory, gun control and every other culturally undermining movement head on, you will be on the defensive. Wayne Lapierre recently said that the only way to stop a bad guy with a gun is with a good guy with a gun. I say the only way to stop a loud aggressive scheming liberal movement is with a loud aggressive scheming conservative movement.
Legal decisions on any of these issues, one way or the other, including gun control are merely symptoms of the current cultural state of our nation. That is why you cannot win the legal war without winning the cultural war first, and you are in a cultural war. Sometines the "high road" is characterized by discretion and restraint. But sometimes the natural conservative tendency to employ these things makes us mistake the "high road" for the one that leads to the gallows. Sometimes the "high road" consists of crushing that which is rotting your nation from the inside out. Review your Andrew Breitbart footage and formulate a comprehensive plan. If each of us did this, we couldn't lose.