While incorporation is certainly an issue, the tenor of the Justces' questioning appeared to assume full incorporation. Assuming that the Court decides that the Amendmment guarantees an individual right,the issue becomes the nature of that right.


If its held to be a "fundamental" right, like free speech, in that event, any law abriding that right will be subject to "srict scrutiny." Very few restrictions survive such a judicial analysis. On the other hand , if the right is held to be less than fundamental, two other standards of review may apply. They are "intermediate scrutiny", used in cases evaluating things like statutes which treat gender disparately or "ordinary scrutiny" which applies a rule of reason/ balance of the equties review to the limiting statute. Some regulation survives intermeadiate scrutiny, probably "must issue" laws with training requirements and disability for felons would pass intermediate review. Most regulation short of outright bans on ownership are likely to be upheld under ordinary scrutiny review.