As to the OP: the ACLU does support the 2nd. Ad.; they support the “State’s Rights” view, not the “individual right”. While I (as well a a healthy chunk of the legal and historical scholastic community) disagree, the ACLU and its members are free to belive what they wish, and support those beliefs however they desire and have the means to do so.
Given our current legal environment, as well as social conditions, I think it would be unwise of either side of the Greater Debate to press too hard for a firm, declaritive statement from a bench, especially a higher one.
A quote from a movie (I think one made from a John Grisham book, probably the Rainmaker) caught my attention; not being a lawyer, I don’t know how accurately representative the quote is of the legal system, but it sounded like good advice anyway.
IIRC, the quote went something like:
In the “winner-take-all” mentality that has permeated the Greater Debate, I don’t think either side is willing to risk “it all” on anything less than "a sure thing.
As long as it doesn’t devolve into a “win-at-any/all-cost” mentality…well, let’s just say that the NRA and it’s adherents, as well as other like-minded “lurkers” (to borrow a phrase from the internet), are much better prepared to offer a final, resounding argument, and leave it at that.
My fear is that one of these “like-minded lurkers” may precipitate this legal “Armageddon”, provoked by rhetoric into asinine activity. Either side being equally capable of precipitating one of these loons, either individually or together, of course.
God knows Waco and Ruby Ridge didn’t help, or the broad and unflattering brush that Hollywierd likes to paint all gun-owners/2nd Ad. supporters with.
All-in-all, I don’t actually see the Greater Debate being too hot an issue except for certain geographical areas, noted for high crime/violence, or when it becomes a hot-button issue after the (thankfully) few incidents that reach the level of national attention and scrutiny.
I think that, nationally, we have bigger fish to fry than this issue, like abortion, civil rights for minorities and, as usual, the economy.
Taking care of civil rights and the economy may make “crime/gun control” a moot point.