Sufficient number of members on the 9th Circuit are probably uncomfortable with having gone against the grain of the other circuits. The other circuits find the incorporation argument to be out of bounds, foreclosed by SCOTUS precedent, namely Cruickshank and Presser.
I think Nordyke should lose, on the grounds that the 2nd amendment does not protect gun shows. Presser's argument was similar, in that he said the 2nd amendment rendered parade permit laws unconstitutional, since he was going to parade with arms. The 2nd amendment is not a parade permit clause, it is a RKBA clause.
I also think the 2nd amendment should not be incorporated. The RKBA does not depend on the 2nd amendment, and does not come from the 2nd amendment. Even the Presser Court said that ...
... the states cannot, even laying the [2nd amendment] out of view, prohibit the people from keeping and bearing arms ...
I'm curious about your thinking.
Enumerating a fundamental right does not make it any less fundamental. And "incorporating" that fundamental right does not make it any less fundamental.
The fact of the matter is that some states are infringing the right to keep and bear arms. Though prior Supreme Courts have ruled that one may not bear arms in a parade, such a ruling cannot mean that one is prohibited from bearing arms at least somewhere.
It's rather laughable that the Nordyke decision claims that a gun show is a "sensitive place" because it might attract thousands of people who desire to purchase firearms and accessories. It's been a rare fairgrounds gun show that I have attended where the attendees did not constitute at least half of the people present at the fairgrounds if not virtually all of them.
If one believes that the Fourteenth Amendment has any meaning at all, then it ought to include a prohibition against disarming former slaves whether that disarmament extends to the keeping of arms in the home or the bearing of arms in public.
It took millions of soldiers bearing arms to accomplish the freeing of the slaves and so it should be no surprise if the keeping and bearing of arms by those former slaves is essential to maintaining that freedom.
It is simply a fact of life that the degree of federalism on which our republic was founded was dramatically altered by both political action and force of arms to end involuntary servitude and action by any state which would perpetuate second-class citizenship through disarmament.