A Second Amendment Circuit Split?

At the Volokh Conspiracy, Eugene Volokh posts about the Third Circuit’s opinion in Drake v. Filko.

Volokh notes that this case, or at least its analysis, diverges from the Seventh Circuit’s opinion in Moore v. Madigan (which David Kopel summarizes here, and about which Volokh posts here).  This creates a sort of circuit split (perhaps not the cleanest split because of the differences in carry restrictions), making it more likely that the Supreme Court may grant certiorari in this case – an outcome that Volokh admits is still unlikely, but more probable now than without the split.  For more Second Amendment certiorari prognostication, see Brian Doherty’s post over at the Reason.com blog.

In the meantime, this development makes the issue of carrying firearms all the more appealing for moot court problems and all the more dangerous for comment topics (since courts and scholars are more likely to cite the Supreme Court’s opinion on this circuit split than a student’s opinion).