McDonald v. City of Chicago: Second Amendment Applies to the States

Two years after Heller established an individual right to keep and bear arms against federal action, the Supreme Court addressed whether that right also constrains state and local governments. On June 28, 2010, the Court answered yes in McDonald v. City of Chicago^[1].

The Holding

In a 5-4 decision, the plurality opinion authored by Justice Alito held that the Second Amendment right to keep and bear arms is incorporated against state and local governments through the Due Process Clause of the Fourteenth Amendment. Justice Thomas concurred in the judgment but argued incorporation should occur through the Privileges or Immunities Clause^[2].

Background

The case arose from challenges to handgun bans in the City of Chicago and the Village of Oak Park. Otis McDonald, a 76-year-old African-American retiree, was the lead plaintiff. He argued he needed a handgun for self-defense against drug dealers and gang members in his neighborhood but was barred by the city's near-total handgun ban.

Lower Court Proceedings

The Seventh Circuit had held that Heller did not apply to state and local governments, relying on 19th-century precedents. The Supreme Court reversed, finding that the right to keep and bear arms is "fundamental to our scheme of ordered liberty" and "deeply rooted in this Nation's history and tradition."

Impact on California

McDonald's incorporation of the Second Amendment meant that California's firearms laws were now subject to federal constitutional scrutiny under the Second Amendment. This opened the door for challenges to state-level regulations, including the assault weapons ban, the handgun roster, large-capacity magazine restrictions, and the concealed carry permitting system. Every major California firearms case since McDonald, including Duncan v. Bonta, Miller v. Bonta, and the SB 2 challenges, has been litigated under the framework McDonald established.