39. The 2nd circuit was not thinking outside the box.
There are 3 methods the BofR can apply to the states: 1) direct incorporation 2) via due process clause 3) via privileges and immunities clause.
#1 is dead end. No longer legally relevant.
#2 is closed via multiple precedents prior to Heller.
In the 9th circuit the plaintiff argued that the privileges & immunities clause of the 14th clearly incorporates the 2nd amendment or if not the 2nd the underlying pre-existing right.
There is no direct precedent on that.
Court bought the argument and ruled the 2nd is incorporated via P&I not due process clause.
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