...this is a bit hard to follow, but I’m guessing the Ninth Circuit, perhaps the nation’s most liberal, just handed down a unanimous decision which reaffirms that the Second Amendment is incorporated against the states through the Due Process Clause of the 14th Amendment?
A step in the right direction.
Not so. Read the concluding paragraph of the ruling.
The Ninth Circuit drives a wedge of "heightened scrutiny" between a fundamental right and "strict scrutiny". They didn't affirm non-infingement, they drew a map around it for governments at all levels.
Not really.
To set up the precedent that the inalienable rights protected by the Constitution must be "incorporated" by states to limit their power is a Very Bad Idea.
The 14th Amendment to the Constitution--which each judge has solemnly sworn to defend--already limits the power of the states, with or without "incorporation". It's disturbing that this fact is seemingly ignored.
I guess the judges read that the 14th Amendment was specifically aimed at the then prevalent Democrat state laws that blacks couldn't own firearms. The 14th Amendment was specifically designed to incorporate the Bill of Rights into all States Constitutions, even New York and California ... ^_^ .
So now we have the SC Heller decision calling out the protected arms to be self defense arms and militia arms in current usage by the police and military.
Looks like game over for protecting the individual right to own guns and now on to rolling back the crap laws ... With an enumerated right the test for infringement is much higher than a right that emanates from the Constitutional penumbra. So the slough begins with where bans may not be appropriate. They wiggled through Scalia's loophole where bans maybe authorized....