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• #CITY OF CHICAGO REGISTRATION#

535-which were decided in the wake of this Court’s interpretation of the Fourteenth Amendment’s Privileges or Immunities Clause in the Slaughter-House Cases, 16 Wall. The Seventh Circuit affirmed, relying on three 19th-century cases- United States v. Rejecting petitioners’ argument that the ordinances are unconstitutional, the court noted that the Seventh Circuit previously had upheld the constitutionality of a handgun ban, that Heller had explicitly refrained from opining on whether the Second Amendment applied to the States, and that the court had a duty to follow established Circuit precedent. They sought a declaration that the ban and several related City ordinances violate the Second and Fourteenth Amendments. After Heller, petitioners filed this federal suit against the City, which was consolidated with two related actions, alleging that the City’s handgun ban has left them vulnerable to criminals. Chicago (hereinafter City) and the village of Oak Park, a Chicago suburb, have laws effectively banning handgun possession by almost all private citizens. _, this Court held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense and struck down a District of Columbia law that banned the possession of handguns in the home. Two years ago, in District of Columbia v. CITY OF CHICAGO, ILLINOIS, et al.Ĭertiorari to the united states court of appeals for the seventh circuit (Breyer had written a similar dissent in Heller.) These dissenters felt that there was no fundamental right to individual self-defense guaranteed by the Second Amendment. Thomas would have accepted McDonald's bolder argument and overruled the Slaughter-House Case, finding that the Privileges or Immunities Clause of the Fourteenth Amendment automatically applied all of the protections in the Bill of Rights to states and cities.Īrguing against the principle of incorporation, Stevens would have reverted to the narrower 19th-century understanding of this doctrine.

He reminded readers that the right to bear arms is not unqualified and that the restrictions recognized in the Heller decision remain intact, such as bans on straw purchases, restrictions on use in school zone and federal buildings, and bans on use by convicted criminals or the mentally ill. The holding in the Slaughter-House Case remains in effect, and incorporation is the appropriate way to selectively apply provisions in the Bill of Rights beyond the federal government.ĭeclining to address the Privileges or Immunities Clause component of McDonald's argument, Alito applied the incorporation doctrine to find that state and local governments are subject to the Second Amendment through the Due Process Clause of the Fourteenth Amendment. Issue: Whether the Privileges or Immunities Clause of the Fourteenth Amendment requires the application of the Bill of Rights in its entirety to state and local governments. It could have had an impact on other parts of the Bill of Rights to which incorporation had not yet been applied. This doctrinal shift would have allowed the Bill of Rights to be applied directly to non-federal governments without the need for incorporation. McDonald also offered the novel argument that the Fourteenth Amendment's Privileges or Immunities Clause should be allowed to apply the Bill of Rights to state and local governments, overturning the Court's 1873 decision in the Slaughter-House Case. (Since Heller had unfolded in the District of Columbia, the Bill of Rights was directly applicable to this federally controlled area.) This meant that the right to bear arms must be deemed fundamental because of its deeply rooted presence in national history and traditions or its inherent role in protecting liberty. Heller (2008), McDonald sought to expand the Second Amendment's application to state and local governments through selective incorporation. (He owned shotguns for hunting but did not want to use those.)īuilding on the Supreme Court decision in District of Columbia v.

He had been the victim of five burglaries, so he felt that he needed a handgun for the purposes of self-defense. McDonald, who was 76 years old and a former maintenance engineer, pointed out that his neighborhood in Morgan Park was prone to gang-related violence as a result of drug trafficking.

#CITY OF CHICAGO REGISTRATION#

The law also required the re-registration of handguns with the payment of an annual fee and prevented any individual from registering a gun again once its registration had lapsed. Four Chicago residents, including Otis McDonald, challenged a Chicago ordinance that required the registration of firearms while accepting no registrations that post-dated the implementation of a handgun ban in 1982.