This statement by one of the most conservative Justice's is going to be a difficult hurdle to overcome:
In the Heller opinion, Justice Antonin Scalia struck down the District’s ban on handguns, holding that the Second Amendment gives citizens a right to own weapons “in common use at the time.” Justice Scalia said, however, that not every gun meets that definition. “The Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes,” he wrote in Heller. Specifically, the Heller opinion cited “the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons,’” such as “weapons that are most useful in military service—M–16 rifles and the like.”
In the Heller opinion, Justice Antonin Scalia struck down the District’s ban on handguns, holding that the Second Amendment gives citizens a right to own weapons “in common use at the time.” Justice Scalia said, however, that not every gun meets that definition. “The Second Amendment does not protect those weapons not typically possessed by law-abiding citizens for lawful purposes,” he wrote in Heller. Specifically, the Heller opinion cited “the historical tradition of prohibiting the carrying of ‘dangerous and unusual weapons,’” such as “weapons that are most useful in military service—M–16 rifles and the like.”