[publiusF27]

This does lead to two questions. Can the RKBA be declared an individual right, but not a fundamental individual right? If the U.S. Supreme Court finds that the RKBA is a fundamental individual right, must the states also protect it (ie., incorporation)?

I don't see why not, but then, I don't see why the 5th amendment clause you mentioned shouldn't be incorporated.

[robertpaulsen]

"I don't see why not"

So, in your opinion, the RKBA in the second amendment can be declared an individual right, but not declared a fundamental individual right?

If that's the case, then the strict scrutiny test cannot be used; at least the way I read it.