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.
But the criminal defense attorneys at least have an ethical obligation to make non-frivolous arguments to benefit their clients. I'm a firm believer in the old adage, "bad facts make bad law."
Jim's Rules of Carry: 1. Any gun is better than no gun. 2. A gun that is reliable is better than a gun that is not. 3. A hole in the right place is better than a hole in the wrong place. 4. A bigger hole is a better hole.
no guns = might makes right