As some may recall (and as detailed in posts here and here), Cavera is the fascinating case in which Judge Sifton decided to enhance a sentence above the guideline range in a gun case because
he viewed gun possession in urban spots like NYC to be especially bad.
Their
view is, apparently, that legislatures are quite constitutionally limited in their power to restrict
gun possession, but police are not very constitutionally limited in their power to search anyone who might be in
possession of a
gun.