What impact did McDonald v Chicago have on the application of the Second Amendment?
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(1803) PRECEDENTDistrict of Columbia v. Heller (2008)–a landmark 5-4 decision that the Second Amendment does, in fact, protect an individual’s right to bear arms. The Court declared the District of Columbia’s ban on handguns unconstitutional. FACTS OF THE CASEIn 2010, a retired resident of Chicago named Otis McDonald attempted to legally purchase a handgun for personal home defense. According to McDonald, his neighborhood had gradually become unsafe due to an influx of gang activity and the increased presence of drug dealers. While he legally owned shotguns and was an experienced hunter, he felt that a handgun would provide better protection for his home after a combined five break-in attempts on his house and garage. He was unable to legally purchase a handgun due to a city-wide handgun ban that was enacted in 1982. He joined with three other Chicago residents to sue the city of Chicago for limiting their rights to keep and bear arms under the Second Amendment. After progressing through lower courts, the suit was heard by the Supreme Court in 2010. THE DECISIONIn a 5-4 decision, the Court ruled states could not impede their citizens’ rights to keep and bear arms under the Second Amendment. The ruling was ultimately based on the Court’s understanding of the Fourteenth Amendment, which argues that states do not have the right to deprive citizens within their borders rights or privileges that are accorded to them under the Constitution. The Court ruled that since the Fourteenth Amendment ensured that the entirety of the Constitution applied to a state’s inhabitants, Chicago could not restrict its citizens’ rights to keep and bear arms by denying them the right to legally purchase a handgun for “lawful purposes.” IMPACTThe ruling in McDonald v. Chicago was claimed as a victory by both pro-gun and anti-gun advocates. Both sides were able to claim victory because the decision was narrowly tailored as to whether the Fourteenth Amendment caused the Second Amendment to pass to the states. Pro-gun advocacy groups felt that the decision set a precedent for overturning state laws restricting handgun ownership. Anti-gun advocacy groups were also able to claim victory because they argued that the narrow margin of victory, and strong dissent from some of the Supreme Court judges that argued that there’s no “private right of armed self-defense,” set the stage for future court battles that could restrict private gun ownership. New cases will undoubtedly open the question of how much, if any, states can restrict the keeping and bearing of arms within their jurisdiction. SUBSEQUENT CASECaetano v. Massachusetts (2016)–ruled that bearable arms that were not in use at the time of the drafting of the Second Amendment, such as stun guns, were still covered under the Second Amendment. This case broadened the types of weapons that could be considered lawful under the Second Amendment to weapons that were not historical and did not have a military purpose. KEY TERMS
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How was the 2nd Amendment affected by McDonald v Chicago?City of Chicago, case in which on June 28, 2010, the U.S. Supreme Court ruled (5–4) that the Second Amendment to the U.S. Constitution, which guarantees “the right of the people to keep and bear Arms,” applies to state and local governments as well as to the federal government.
What was the impact of the 2nd Amendment?The Second Amendment in the US has laid down the rights of citizens to possess firearms for defence in their residences and states that – “A well-regulated 'Militia', being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.” Militia refers to a group of ...
How was the 14th Amendment interpreted in relation to the 2nd Amendment regarding McDonald v Chicago in the Supreme Court?The Supreme Court reversed the Seventh Circuit, holding that the Fourteenth Amendment makes the Second Amendment right to keep and bear arms for the purpose of self-defense applicable to the states.
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