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McDonald v. Chicago (2010): Second Amendment Incorporation

McDonald v. City of Chicago, 561 U.S. 702 (2010) is a landmark Supreme Court case holding that the **Second Amendment right to keep and bear arms is fully applicable to state and local governments** via the **Fourteenth Amendment's Due Process Clause**.

Background

Chicago Ordinance: Effectively banned handgun registration (1982), making possession nearly impossible.
Plaintiffs: Otis McDonald (76-yr-old retiree) + 6 others — wanted handguns for home defense.
Precedent: *District of Columbia v. Heller* (2008) — 2A protects **individual** right to possess handgun for self-defense **in federal enclaves (DC)**. Left open: does it apply to states?

Holding (5–4)

Majority (Alito, Roberts, Scalia, Kennedy, Thomas): **Yes.** The right to keep and bear arms for self-defense is **"fundamental to our scheme of ordered liberty"** and **"deeply rooted in this Nation's history and tradition"** — thus **incorporated** against states via **Due Process**. (Thomas concurred via **Privileges or Immunities Clause**).
Dissent (Stevens, Ginsburg, Breyer, Sotomayor): 2A protects **militia-related** right; not fundamental; states should regulate guns freely.

Impact

**Struck down** Chicago's handgun ban (and similar laws in Oak Park, etc.).
**Nationalized Heller:** States/municipalities **cannot ban handguns** for law-abiding adults in the home.
**Left open:** Scope of regulations allowed (licensing, background checks, sensitive places, assault weapons, carry outside home) — litigated ever since (*Bruen* 2022).
**Incorporation Doctrine:** Completed application of Bill of Rights to states (only 3rd/7th Amendments not fully incorporated).