2010 β€’ Separation of Powers

McDonald v. Chicago

561 U.S. 742 (2010)

πŸ“„ Read the Actual Opinion

U.S. Reports opinion (PDF) β†’

πŸ“‹ Summary of the Opinion

Otis McDonald and other Chicago residents challenged the city’s handgun ban after District of Columbia v. Heller (2008). The Supreme Court ruled 5–4 that the Second Amendment right to keep and bear arms applies to the states through the Due Process Clause of the 14th Amendment.

βš–οΈ Why It Mattered

This case incorporated the Second Amendment against the states, ensuring that the right recognized in Heller applied nationwide.

βœ… What It Provided or Took Away

βœ… Provided:

Nationwide recognition of the individual right to keep and bear arms.

❌ Took Away:

States and cities’ ability to enact outright handgun bans.

πŸ€” Overreach or Proper Role?

The Court extended Heller logically through incorporation doctrine. Critics saw it as activism expanding gun rights; supporters saw it as enforcing constitutional uniformity.

πŸ’‘ Plain-English Impact Today

No city or state can ban handguns outright. The Second Amendment applies at every level of government, not just federal.