[El Gato]

And, since the Second Amendment has not been incorporated against the states, there can be no cause of action for a state deprivation of that Constitutional right.>

Such an action might however be a good vehicle for getting it so incorporated. Might it not?

[Unknowing]

OK, the incorporation issue may be brought as part of the prospective relief sought, I suppose.

The Bill of Rights are applicable to the states only through the due process clause of the Fourteenth Amendment. Under the doctrine of selective incorporation, the Supreme Court has held that the Second Amendment right to keep and bear arms is inapplicable to the states. U.S. v. Cruikshank. The Court has refused to incorporate the Second Amendment into the Fourteenth. Presser v. Illinois.

However, the Presser decision was based on a narrow ground, and so it does remain arguable that infringement of the Second Amendment by a state government violates a fundamental right protected by the Fourteenth Amendment.