But it's not about challenging the firearms portion; it's about the violation of 4A.
It is usually about the 4A. That's a point I try to make with a lot of people who want to say "my 2A rights were violated". Well, no, it was your 4A rights. Sometimes they get it, sometimes they don't.
However, in this instance, the fact that the legislature has taken all FIREARMS regs unless they give authority to a subdivision, we find ourselves in a strange situation if you take a non firearm.
Yes, the 4th still applies but if they have an ordinance against a BB gun for instance, well then you might well be committing a crime which kicks in Terry. Might not, but with the actual firearm, you know what their limitations under the law are. With a BB gun, they're free to publish whatever they want.
Not saying it's not a possible tactic, just that it needs to be well thought out and vetted. Rosa Parks wasn't an "accidental activist", she was hand chosen by the NAACP to get on that bus and say "NO" that day. The support was in place and ready to go into action.
All too often I hear people saying they're going to go out and challenge some law, take it to court, sue the officers, etc. My questions for them are usually:
1) Do you have a lawyer lined up and already in the loop?
2) Do you have at least $10,000 to get started and access to more?
Some of the answers I hear:
They have to appoint an attorney for me -- This is a losing strategy
I'll get a lawyer to take it on contingency -- Really? Do you have him lined up?
I don't need a lawyer, it's obvious they can't do that -- Do you know how to file a motion? Answer a motion?
The system is messed up but it's the system we must work with in order to get our wins. Running head first into the machine gun nest is usually far less effective than flanking it and sneaking up on them.