Well let me reiterate.
In the example where he was charged, he's got no point.
If he was legally carrying a weapon, or, if nothing else, not committing another crime, he'd have a point.
He shot a gun while committing a crime. Can we prove either way wether or not he was an ND?
More importantly, I just don't care. It's a better point made for a different case, which makes no sense to me anyway, because Stevens would just prefer all guns were illegal anyway.