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Dicta or not, it is equally valid if this case comes before the USSC. I happen to agree that it is essential to the 5th Circuit case, as without an individual RKBA, Emerson would have had no standing to challenge the law. This is why the 5th made such an effort to analyze the 2nd and the history behind it.

Regarding the 9th's opinion, I haven't read it and probably won't - I rather enjoy keeping my food down, thank you very much. However, I understand that this very idea underlies the opinion - there was no standing to challenge the Kali law because the defendants had no individual RKBA. This, by itself, should guarantee Cert, but we all know that the Supremes will do all that they can to avoid this (or any other) RKBA case.

Oh, and regarding the 9th's silly assertion that the 2nd doesn't protect an individual right to keep and bear arms (ANY arms):

"The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms."

Samuel Adams

"Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American."

Tench Coxe 2/20/1788

Any other similar quotes are welcome.

I did manage to make it through the Ninth Circuit opinion in this case and on the issue of either court's opinion being dicta it is clear that both courts used the Second as the basis for their opinion on standing to challenge the law. Thus either they are both non binding dicta or they are in conflict. Now even though my stomach is no longer what it once was, some surgical alterations done by Navy surgeons in 1968 have had a lasting effect I found that a determination to pour through it and careful use of stomach medication plus not eating beforehand protected my keyboard from massive regurgitation.

By all rights the US Supreme Court should take this case on appeal and grant cert here. I do not know if they will do so.

Stay well - Stay safe - Stay armed - Yorktown