The 7th Circuit was supposed to be the one to apply Heller to this case. Since they denied the applicability, and there is another Circuit that says different, it must be resolved by the Supremes.
The 9th Circuit is entertaining rehearing Nordyke, and may well excise the portion of the opinion that found incorporation. In any event, that section of the opinion is not necessary to reach the result (it is pure dicta), so the split doesn't cause disparate results between the Circuits.
SCOTUS would be well within its discretion to deny cert to the Maloney/Chicago cases.