The Circuits can and do disagree. We've seen that on multiple aspects of the Constitution.
When they do disagree, where is the final ruling made? At the Supreme Court level.
Miller v US clearly supports the "individual right" of Americans to keep and bear arms.
Lewis V US (in 1980) is another SC decision that supports the "individual right" and it cited Miller in doing so.
Even more fundamental, however, is Jeezy's point, which nails it down perfectly and bears repeating:
Namely, the constitution is built on the assumtion that the people hold rights before the existence of the government, and that the people grant the government some of these rights "in order to form a more perfect union."
The most elequent exhibition of this concept was penned in the Declaration of Independence: "We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness. --That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed."
The collective rights model turns this concept on its head, and in essence posits that the right to bear arms is a right given to the govts for them to cede to the people as they wish--an untenable position, both given the text of the 2nd amnd and the overall aim of the constitution as a whole.
The US government does not give us our rights. No way; Jefferson's ghost would be wielding his shotgun pistol right in line next to me if that were so.
We the people cede rights to the government.
If we ever
all forget that.... and it would seem some of my fellow citizens HAVE forgotten that... this Republic will have failed completely.
As I said, I hope the SC takes Emerson. It's time to settle who actually holds and who actually cedes the rights in this country.
.... and if it turns out the government holds and cedes all the rights, then by Cod, it's time for Jefferson's long overdue "rebellion every 20 years".
If they gut the 2nd, the rest of the Bill of Rights won't be far behind.
The recent "medical marijuana" and "eminent domain" cases already show the appetite of the Federalists for ever more power.