Slaughter-House determined that the 14th Amendment's Privileges or Immunities Clause did not apply the Bill of Rights to the actions of states (and by extension, local governments). In addition to claiming the Second Amendment should be incorporated through the selective incorporation process, McDonald is unique among post-Heller gun cases in that it asked the court to overturn the Slaughter-House Cases, 83 U.S. Selective incorporation involves convincing the court that a right is "fundamental" by being "implicit in the concept of ordered liberty" or "deeply rooted in our nation's history and traditions" as defined most recently in the Supreme Court case Duncan v. Chicago, Nordyke and Maloney, argued that the Second Amendment, in addition to applying to federal jurisdictions, should also be applied against state and local governments, using a judicial process called selective incorporation.
#City of chicago registration
Render any gun permanently non-registrable if its registration lapsesĪll of the post- Heller cases, including McDonald, NRA v.Mandate that guns be re-registered annually, with another payment of the fee.Require that guns be registered prior to their acquisition by Chicago residents.Prohibit the registration of handguns, thus effecting a broad handgun ban.McDonald challenged four broad aspects of Chicago's gun registration law, which, according to the plaintiffs: Chicago Brief in Opposition to Cert Petition.The cases were appealed separately to the U.S. The Second Amendment Foundation brought the McDonald case to the Supreme Court with its lead attorney Alan Gura. Court of Appeals for the Seventh Circuit, the cases are different in scope in terms of the specific regulations challenged and the legal argument for applying the Second Amendment against state and local governments. Chicago ĭespite being consolidated at the U.S. As a result, he joined three other Chicago residents in 2008 in filing a lawsuit that became McDonald v.
Chicago's requirement that all firearms in the city be registered but its refusal of all handgun registrations since 1982, when a citywide handgun ban was passed, made him unable to own a handgun legally. As an experienced hunter, McDonald legally owned shotguns but believed them to be too unwieldy in the event of a robbery and so he wanted to purchase a handgun for personal home defense. His lawn was regularly littered with refuse, and his home and garage had been broken into a combined five times, the most recent robbery being committed by a man whom McDonald recognized from his own neighborhood.
McDonald described the decline of his neighborhood and claimed it was being taken over by gangs and drug dealers. City of Chicago, Chicago resident Otis McDonald, a 76-year-old retired maintenance engineer, had lived in the Morgan Park neighborhood since buying a house there in 1971. It then remanded the case back to the Seventh Circuit to resolve conflicts between certain Chicago gun restrictions and the Second Amendment.
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 state and local governments. The oral arguments took place on March 2, 2010. The Second Amendment Foundation and the Illinois State Rifle Association sponsored the litigation on behalf of several Chicago residents, including retiree Otis McDonald. The petition for certiorari was filed by Alan Gura, the attorney who had successfully argued Heller, and Chicago-area attorney David G. 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. Heller (2008) as to the scope of gun rights in regard to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment and is thereby enforceable against the states. Stevens Īlito, joined by Roberts, Scalia, Kennedy, Thomas (Parts I, II–A, II–B, II–D, III–A, and III–B) Roberts, Scalia, Kennedy (Parts II–C, IV, and V) United States Court of Appeals for the Seventh Circuit reversed and remanded.Ĭhief Justice John Roberts Associate Justices John P. The right to keep and bear arms for self defense in one's home is protected under the Second Amendment, and is incorporated against the states through the Due Process Clause of the Fourteenth Amendment.
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