[Unknowing]

OK, the incorporation issue may be brought as part of the prospective relief sought, I suppose.

The Bill of Rights are applicable to the states only through the due process clause of the Fourteenth Amendment. Under the doctrine of selective incorporation, the Supreme Court has held that the Second Amendment right to keep and bear arms is inapplicable to the states. U.S. v. Cruikshank. The Court has refused to incorporate the Second Amendment into the Fourteenth. Presser v. Illinois.

However, the Presser decision was based on a narrow ground, and so it does remain arguable that infringement of the Second Amendment by a state government violates a fundamental right protected by the Fourteenth Amendment.

[Unknowing]

And yes, I do see the nascent tyranny lurking behind this willingness to accept a true fundamental Constitutional right as a mere statutory "civil right."

[El Gato]

The Bill of Rights are applicable to the states only through the due process clause of the Fourteenth Amendment.

Then what was the purpose of the "Privileges and Immunities Clause". Every part of the Constitution has meaning, that is fundamental. The authors said it was to apply the fundamental guarantees/protections of the first eight amendments to the states. The Court has disagreed, but that doesn't mean the Court was correct or that some future Court won't finally see the light.