There is a split in reasoning for sure. For there to be an actual split in holdings, the two statutes would have to be indistinguishable in principle. A recent split in actual holdings is what the Court looks for, not a split in reasoning. And it is at least arguable that a may issue good cause requirement that allows some to carry, in theory at least, is not the same statute as a complete ban. Gura argues, persuasively I think, that there is no real difference for purposes of the 2A. The Court might agree. I will go out on a limb here and predict that the court will grant cert. There does NOT have to be a split -- they grant or deny whatever they want, regardless. The issue is certainly important enough!
Last edited by esqappellate; April 10, 2013 at 06:36 PM.