How a Chicago handgun ban reached the Supreme Court
In short: In 2008, a retired custodian challenged a decades-old law. His legal battle would eventually decide whether the Second Amendment protects citizens from state-level restrictions, fundamentally altering the reach of the Bill of Serivces across the United States.
The case of McDonald v. In 2008, Otis McDonald, a former African American custodian, teamed up with several plaintiffs to contest a 1982 Chicago statute. This specific regulation generally prohibited the new registration of handguns and required registration as a prerequisite for firearm possession. The following day, the National Rifle Association and other plaintiffs filed separate suits against Chicago and Oak Park, Illinois, targeting laws that restricted the possession of handguns and other firearms in homes or businesses.
While the 2008 District of Columbia v. Heller decision had already established that the Second Amendment protects an individual's right to possess weapons, the McDonald case addressed a much broader legal question: does this right apply to state and local governments? The plaintiffs relied on the doctrine of "selective incorporation," arguing that the Fourteenth Amendment's due process and privileges or immunities clauses should extend Second Amendment protections to the states.
On June 28, 2010, the Supreme Court ruled 5–4 in favor of the plaintiffs. Writing for the majority, Justice Samuel A. Alito, Jr. argued that the right to possess firearms for lawful purposes, specifically self-defense, is fundamental to the American system of justice. By applying the same standard used in the 1960s to incorporate criminal procedure rights, such as the right to a jury trial, the Court held that the Second Amendment is indeed applicable to the states through the Fourteenth Amendment's due process clause.
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Sources
- Summary by Intellect · source: McDonald v. Chicago | Civil liberties and civil rights | US government and civics | Khan Academy
- Also: McDonald v. City of Chicago | Summary, Decision, History, & Facts | Britannica
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