actually there are upper level cases which are controling that hold to the contrary.
The first act of the Bush Attorney General was to hold that the second amendment is an individuals right.
The lower cases are just judges who are anti gun.
Yes, he did. His opinion and 10 cents will get you a cup of coffee.
What if Hillary is elected and her AG says it's not. What then? Will you then say this "upper case" opinion is the law of the land?
"The lower cases are just judges who are anti gun."
Perhaps. But it is these lower court opinions that the U.S. Supreme Court looks to when forming their opinion. If 99 cases are decided as a collective right and one case is an individual right, how do you think the USSC would vote. (Not how do you hope -- how do you think?)