Perhaps I should have said, "will give impetus to a future challenge on 14th amendment grounds".
I assume you've read the petition for cert. I don't know how to create the link, but the URL is: http://www.saf.org/pub/rkba/Legal/EmersonSupremeCourt.htm
I'm specifically thinking of the section (and the phrase "by State or by Congress") that reads:
It has long been the case that when a fundamental right has been trod upon by legislative enactment, either by a State or by Congress, the federal judiciary will subject such an enactment to strict scrutiny, allowing the statute to stand only if: (1) it is narrowly tailored, and (2) serves a compelling governmental interest. Perry Educ. Ass’n v. Perry Local Educators’ Ass’n, 460 U.S. 37, 103 S.Ct. 948, 74 L.Ed.2d 794 (1983) (First Amendment); Carey v. Brown, 447 U.S. 455, 100 S.Ct. 2286, 65 L.Ed.2d 263 (1980) (First Amendment); United States v. Fox, 248 F.3d 394 (5th Cir. 2001) (First Amendment); Estiverne v. La. State Bar Ass’n, 863 F.2d 371 (5th Cir. 1989) (First Amendment); Reno v. Flores, 507 U.S. 292, 113 S.Ct. 1439, 123 L.Ed.2d 1 (1993) (Fifth Amendment); Collins v. Harker Heights, 503 U.S. 115, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992) (Fifth and Fourteenth Amendments); United States v. Salerno, 481 U.S. 739, 107 S.Ct. 2095, 95 L.Ed.2d 697 (1987) (Fifth Amendment); Bowers v. Hardwick, 478 U.S. 186, 106 S.Ct. 2841, 92 L.Ed.2d 140 (1986) (Fifth and Fourteenth Amendments); Moore v. City of East Cleveland, 431 U.S. 494, 97 S.Ct. 1932, 52 L.Ed.2d 531 (1977) (Fourteenth Amendment). A right is considered to be fundamental when its source, either direct or indirect, is the Constitution. Plyler v. Doe, 457 U.S. 202, 217 n. 15, 102 S.Ct. 2382, 2395 n. 15, 72 L.Ed.2d 786 (1982); San Antonio Indep. School Dist. v. Rodriguez, 411 U.S. 1, 33-34, 93 S.Ct. 1278, 1296-1297, 36 L.Ed.2d 16 (1978). A fundamental right has also been characterized as one "deeply rooted in this Nation’s history and tradition." Moore, 431 U.S. at 503, 97 S.Ct. at 1937.[8] As noted supra, "there is a long tradition of widespread lawful gun ownership by private individuals in this country." Staples, 511 U.S. at 610, 114 S.Ct. at 1799.
It seems to me that most of those cites are 5th and 14th amendment related. But then again, I'm not a lawyer (and don't want to be one).
What I meant by the "concealed carry" problem isn't the States that permit it... but rather, that States like mine (IL) are still free to prohibit it, even if "keep and bear" means "keep and bear".