The case has split gun-rights activists in the past, with some of them fearing that asking the Court to pronounce on the matter could set back their cause if it leads to a disappointing answer. But Levy says he is finding less resistance now. Optimism about how the Court would resolve the issue has increased thanks to the replacement of Justice O’Connor by Justice Alito. Nodding to the political circumstances of the moment, he adds that “the Court is probably better than it’s going to be. So for folks who do want review the timing may be just right.”