Not a way to bring a 2A test case
Ruling here. A major consideration in a test case is to put forward a plaintiff who is as "clean" as possible, taking a position as reasonable as possible. Shelly Parker, Dick Heller, Otis McDonald. Here, plaintiff's idea of setting things up was to go walking thru a park, in camo, with a loaded AK pistol... and the tip painted orange, as if to pass for a toy gun. And carrying a tape recorder, just making clear he was anticipating something happening. As it turned out, he was detained but not arrested, and so he sues the officers for damages.
It was lucky -- actually, luck had little to do with it, it appears to have been SAF's strategy as amicus -- that the Second Amendment didn't take any damage. In a 1983 action, a defendant can argue qualified privilege, that a right was not "clearly established" at the time he acted. So the court simply concluded that maybe there is a right to do this, maybe there is not, but whatever it may be it was not clearly established at the time. Whew!