Step 1) Find a replacement for RBG
Step 2) Take this case to the Supreme Court
The opinion is clearly flawed. They cited a part of Heller that was effectively overturned by McDonald vs. Chicago that applied Heller’s narrow, DC-only ruling to all of the states. McDonald is the decision that names handgun ownership as an individual right (so long as a weapon can be “beared”), not Heller.
the SCOTUS ALMOST ruled the exact same thing. ONE vote saved the 2A in Heller v DC. Read the dissenting opinions, and you’ll freak out!
How did this circuit court not rely on the settled law in Heller v DC?
We don't particularly need a replacement. If the court hears the case and she's still recuperating, it will be an 8-person court that hears the argument. Of those 8 folks there are 5 sane, and 3 insane judges, so it's a win.