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QUESTIONS PRESENTED:
Whether the Second Amendment right to keep and bear arms is incorporated as against the States by the Fourteenth Amendment's Privileges or Immunities or Due Process Clauses.
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That last bit's a little odd: Gura's case eschewed the Due Process argument as being weaker and narrower.
Still, notice the phrase
Quote:
the Second Amendment right to keep and bear arms
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as being an accepted fact.
NightSight, to elaborate, we had two (actually three)
methods of incorporation. Total incorporation assumes that the BoR protects individual rights, and that the 14th Amendment, through the Priviliges/Immunities clause, automatically incorporates them against the states.
Due Process involves incorporating rights on a
case-by-case basis as the issue rises. Due Process is usually used to incorporate unenumerated rights.