I'll bet Gura is holding his nose while he tries to control the potential damage caused by Embody.
From one of the footnotes in his Masciandaro
At his deposition, Embody could not recall whether he posted, on the internet, “I can’t wait for a cop to arrest me because I open-carried a handgun and someone called 9-1-1. It almost happened twice, but no cigar yet. Maybe carrying a PLR-16 or AK pistol will change that.” Deposition of Leonard Embody, Oct. 14, 2010, at p. 52, l. 3-8
Can't you just imagine how much this piece of information would motivate a judge to bend over backwards to uphold Embody's claim?
To my thinking the two greatest potential impediments to 2nd Amendment gains in appellate courts are (1) Activists (I can't bring myself to include the term "well-meaning" in Mr. Embody's case) who unabashedly provoke confrontation to generate a lawsuit, and (2) Defense attorneys who throw in 2nd Amendment defenses for criminal defendants in drug and/or weapons trafficking cases.
Violence is an ugly thing, but not the ugliest of things. The decayed and degraded state of moral and valorous feeling which believes that nothing is worth violence is much worse. Those who have nothing for which they are willing to fight; nothing they care about more than their own personal safety; are miserable creatures who have no chance of being free, unless made and kept so by the exertions of those better than themselves. Gary L. Griffiths, Chief Instructor, Advanced Force Tactics, Inc. (Paraphrasing John Stuart Mill)