I’m still confused as to whether there is a difference to us in outcome or if incorporation is incorporation regardless of the legal route taken.
From what I read, it would have no affect on gunowners regardless of which theory they choose — as long as they incorporate the 2nd Amendment.
Remember that in the Washington DC case, we only won 5 to 4. The 4 wanted to END all of our 2nd Amendment rights. I doubt that the 4 will change their mind on this one. That means that all five remaining must agree on which theory (P&I or Due Process) that they choose to incorporate the 2nd Amendment under. That means that both theories should be argued to cover all our bases.
It appears from their brief, Gura was asking the Supreme Court to dramatically reverse a previous decision (the Slaughterhouse Cases) in order to incorporate the 2nd Amendment. It would be great for the Libertarians (which Gura is — and he doesn’t own a gun) if they do this. They gave short shift to the Due Process argument. However, it is VERY risky. That is why I am glad the NRA is getting time to present the less risky option.
The NRA has taken a lot of heat on this website over “horning in on Gura’s case”, but I think it is best for gunowners that they are doing so.