Yup, and all it takes is a SCOTUS who refuses to hear the case to keep such decision on the books.
Unlke the premature celebrators of Heller, some of us realized such a decision takes decades to be given breadth and limits. Without a conservative SCOTUS majority, Heller would result in the harshest restriction of our 2A Rights.
Heller was the most important 2nd Amendment case ever to hit SCOTUS. Here’s why. It set the foundation for further cases. The big one, and the one that is only mentioned once in the majority opinion in Heller II from the COA is McDonald v. Chicago 2010.
That gave us incorporation. Like it or not, that decision had very far reaching ramifications that will take years to iron out.
If SCOTUS weakens the “scrutiny” for the 2nd Amendment or they apply different standards, example being the NFA tax being ruled Constitutional, doors will then swing open for attacks on other enumerated Rights. Again, if the NFA is ruled Constitutional, then a revisit to the issue of poll taxes will happen.
SCOTUS is walking through a mine field created by themselves, their predecessors and Congress.
Something else to consider... the COA in this case stepped way outside the bounds of the questions at hand. References to “machine gun” and the machine gun ban are on every page of that decision. They know it’s a dead duck and they are trying to find a way to justify it Constitutionally. In their efforts to protect it, they have made it extremely vulnerable. Their verbiage in their decision has all but guaranteed a SCOTUS review.
Celebration of Heller wasn’t premature, it was appropriate. The issue now is the doubting Thomas’s that have no clue what is going on legally on the 2nd Amendment. Nothing that has happened so far with Heller II was unexpected. There’s a lot more coming. Heller III is in the works as is Heller IV.
My recommendation would be to stop panicking, help out by donating to the Heller Foundation and volunteer to spread the word and work at gun shows and other venues and to help organize in your area.
Funny, the unconstitutional prohibition took mere days to implement. Why should we "realize" undoing it should take decades? by then it will be the accepted norm for generations.