McDonald v. Chicago
| McDonald v. Chicago | |
|---|---|
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| Argued March 2, 2010 Decided June 28, 2010 |
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| Full case name | Otis McDonald, et al. v. City of Chicago, Illinois, et al. |
| Docket nos. | 08-1521 |
| Citations | 561 U.S. 742 (more)
130 S. Ct. 3020; 177 L. Ed. 2d 894
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| Argument | Oral argument |
| Prior history | Judgment for defendants, 617 F. Supp. 2d 752 (N.D. Ill. 2008), aff'd, 567 F. 3d 856 (7th Cir. 2009), cert. granted, 557 U.S. 965 (2009) |
| Holding | |
| The Second Amendment right to keep and bear arms for self defense in one's home is fully applicable to the states through the Fourteenth Amendment. Seventh Circuit reversed and remanded. | |
| Court membership | |
| Case opinions | |
| Majority | Alito, joined by Roberts, Scalia, Kennedy; Thomas (all except parts II-C, IV and V) |
| Concurrence | Scalia |
| Concurrence | Thomas |
| Dissent | Stevens |
| Dissent | Breyer, joined by Ginsburg, Sotomayor |
| Laws applied | |
| U.S. Const. amend. II, XIV | |
McDonald v. Chicago, 561 U.S. 742 (2010), is a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.
Initially the Court of Appeals for the Seventh Circuit had upheld a Chicago ordinance banning the possession of handguns as well as other gun regulations affecting rifles and shotguns, citing United States v. Cruikshank, Presser v. Illinois, and Miller v. Texas. The petition for certiorari was filed by Alan Gura, the attorney who had successfully argued Heller, and Chicago-area attorney David G. Sigale. The Second Amendment Foundation and the Illinois State Rifle Association sponsored the litigation on behalf of several Chicago residents, including retiree Otis McDonald.
The oral arguments took place on March 2, 2010. On June 28, 2010, the Supreme Court, in a 5–4 decision, reversed the Seventh Circuit's decision, holding that the Second Amendment was incorporated under the Fourteenth Amendment thus protecting those rights from infringement by local governments. It then remanded the case back to Seventh Circuit to resolve conflicts between certain Chicago gun restrictions and the Second Amendment.
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