It's hard for me to believe that the Nordyke panel will rule any differently. The Supreme Court has explicitly rejected incorporation of the 2nd and even not too many years ago reaffirmed that stuff isn't incorporated until they say it's incorporated. The Nordyke panel has already demonstrated that it will grudgingly obey precedent. I almost wish they'd just reject incorporation without wasting time on oral arguments so we can get it on to the SCOTUS as soon as possible. Unfortunately the SCOTUS might not take this rather complicated case if the 9th circuit doesn't incorporate. They might wait for Chicago or something. Of course if the Nordyke panel can be persuaded to buck precedent, that would be the fastest way to the SCOTUS. Though I kind of don't like going to the SCOTUS in defiance of their precedent, possibly angering them or having them think they need to make an example of lower courts that defy their precedent. It seems unlikely that that would effect their decision significantly, but I'd rather avoid the possibility.

Maybe I'm wrong about binding precedent on incorporation. See http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1239422