I should have been more specific. What I meant, was that this will not be appealed to the supreme Court.
See US v. Dalton and US v. Rock Island Armory for two examples where FedGov was slapped down hard on the second amendment and did not appeal so it would not be a nationwide precident. Both cases essentially invalidated the 1934, 1968, and 1986 Gun Control Acts.
Sorry if I was condescending...
If DC (Not the FedGov), lets this stand, their gun laws get gutted.
If they appeal En Banc and lose, their gun laws are gutted.
If they appeal to the USSC, and the court refuses it, their gun laws are gutted.
If they go En Banc and win, the claimants appeal to the USSC. At this point, if the USSC refuses, we lose.
If they go to the USSC, and win, we lose.
Or, it goes to the USSC, and we win.
I dunno, but I expect it ain't over.
Mmmm...not quite. Don't recall Dalton offhand, but RIA's outcome amounted to: you can't be punished under a law that cannot be obeyed. To wit, RIA was convicted of not registering something, which the court overturned because there was simply no way for RIA to register it. Basically they were convicted under the wrong law (should have been hit with 922(o), not NFA'34 relevant parts of which were rendered moot by the former). The part of NFA'34 which required registering MGs was nullified; the rest of NFA'34 remains intact.