Landmark Supreme Court Case · Right to bear arms and incorporation

McDonald v. City of Chicago (2010)

Decided
2010
Vote
5–4
Opinion
Justice Samuel Alito
Constitutional provisions

Facts of the case

After Heller, Otis McDonald, a retired Chicago resident who wanted a handgun for protection in his high-crime neighborhood, challenged Chicago's handgun ban along with others.

The constitutional question

Does the Second Amendment right to keep and bear arms apply to state and local governments through the 14th Amendment?

The decision

Yes. The right to keep and bear arms for self-defense is fundamental and is incorporated against the states through the 14th Amendment. Chicago's ban was invalid.

The Court's reasoning

A plurality relied on the Due Process Clause. Justice Clarence Thomas agreed with the result but relied instead on the Privileges or Immunities Clause.

Why it matters

It made the Second Amendment binding on all levels of government, a major example of selective incorporation.