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It's been a while since I listened to the orals from this case, but I seem to recall clear signals from the court that it was being backed into a corner with regard to the outcome here. They almost begged the plaintiff to challenge the open carry statute.
Now, that approach may be part of a larger litigation strategy, but I doubt it. The plaintiff appears to have attempted to force the hand of the court to go where it would not go. If true, this was a gross miscalculation. It may be best at this point to wait for controlling case with a better strategy to prevail over the same issue.
At the same time, I understand the strategy of keeping this case going, if for no other reason, then to allow a better strategy to prevail elsewhere.
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