I think number one might be more in line with what’s happened here. The New York office must be frothing at the mouth. I called them years ago to ask about a gun case. The person on the phone said the ACLU did not believe that the second amendment protected an individual right. Now it seems they can’t use that one anymore.
The repercussions of McDonald just got interesting.
I expect they will find some excuse. They should however be pressured for a statement on what their official position re 2A is now, in light of Heller and McDonald.