I don't think so - her logic was stone cold sober. She merely pointed out that without either concealed or open carry the 2nd is functionally negated, so the court has to choose which one it wants to restrict. Since, historically, restrictions came with concealed carry, that meant that restrictions on open carry were - by definition - violations of the 2nd, and then ruled on those grounds. It's sweet, actually - the way the law is SUPPOSED to be argued.
...It’s sweet, actually - the way the law is SUPPOSED to be argued...
It should be...but the 9th Circuit in California is the most liberal, anti gun Appeals Court of the 10 in the USA. Anything anti Constitutional can and does happen there.