Drawing Fire from His Usual Allies
Gura's current docket represents the final phase of a three-step plan that began with establishing via Heller that the Second Amendment affords an individual the right to bear arms, according to Levy. The second step involved ensuring that the right to bear arms applies to the states, which was achieved with the McDonald decision. The final, and most drawn-out, step is geared toward defining the scope of that right. "Everyone understands it isn't absolute and that there should be some restrictions," Levy says.
Maybe not everyone.
Gura has said he is hardly a gun rights absolutist and has expressed support for banning machine guns, preventing felons from acquiring weapons, and allowing instant background checks for prospective gun buyers. Those positions have put him at odds with some of his usual allies. During the Heller oral arguments, he said there was no question that governments could ban certain types of firearms and appeared to endorse not just background checks, but also laws requiring gun owners to store their arms in a safe.
"I received a very negative reaction from the real far-out, anti–gun control crazies, who were really angry with me," author Adam Winkler quotes Gura as saying in Gunfight: The Battle over the Right to Bear Arms in America. In the book, Gura recalled being compared to Osama bin Laden and Benedict Arnold, and drawing the ire of both the Gun Owners of America and the National Rifle Association. "These people are crazy," Gura told Winkler. "I could have [made an absolutist argument before the Court]. And that would have probably made me very popular in some cabin somewhere out there in the woods. Of course I would have lost 9 to 0."
The tension between Gura and the NRA is well documented. He clashed openly with the group during the Heller litigation, accusing it of trying to derail the case out of fear that the Court would deliver an unfavorable decision. Gura also felt the NRA tried to hijack McDonald. He was especially angry when the Supreme Court took some of his allotted time and gave it to the NRA, represented by then–King & Spalding appellate partner Paul Clement.