“It’s not that worrisome.”
Oh, yes it is for them. New York gun law is based entirely upon the notion that there is no RKBA and the state can do whatever it pleases. Incorporation by SCOTUS would open up all sorts of new legal challenges here and elseware and Helmke knows it. So does Mayor Bloomberg.
For example, the Sullivan Law. If gun ownership is a right, how can the state require a license even for simple possession? If somehow licensing itself can be justified, how can it be discretionary? If you can keep a gun in the home for personal protection, then why can you not carry with you for the same reason? It’s not like freedom of religion only applies when you’re in church. Is it reasonable for the state deny a right to non-residents? That’s certainly not the case for freedom of speech.
What I would like to see come out of the Chicago gun case is something that says laws pertaining to the 2nd Amendment must be held to the same standards of strict scrutiny as the rest of the Bill of Rights. That would be the best for future legal challenges.