As to the 2nd, the right to keep and bear has been thoroughly defined by both the Heller and MacDonald decisions. (MacDonald actually incorporated the 2nd under the 14th and thus applied in to the states). And the lower courts (especially the 9th) continue to rule against the 2nd in every case that comes before them.
The problem is that even if the DOJ prevails, it would probably be repealed to the SCOTUS. I have a feeling it is going there, regardless.