Docket 08-1521
McDonald v. City of Chicago
DecidedJun 28, 2010
5-4decision
Source: CourtListener.
Supreme Court rules Second Amendment gun rights apply to state and local governments
What it does
The ruling holds that the Fourteenth Amendment's Due Process Clause makes the Second Amendment right to keep and bear arms for self-defense binding on state and local governments, not just the federal government. It strikes down Chicago's and Oak Park's handgun bans as unconstitutional and remands the case for further proceedings.
Who benefits
Individuals who wish to keep handguns in their homes for self-defense, particularly residents of cities and states with strict handgun bans, now have a constitutionally protected right enforceable against local and state governments.
Who is affected
State and local governments, including Chicago and Oak Park, that have enacted or wish to enact handgun bans or similarly strict firearms regulations must now conform their laws to the Second Amendment standard applied to the federal government.
Practical impact
Cities and states can no longer categorically ban handgun possession in the home, and existing or future firearms regulations at the state and local level must satisfy the same constitutional standard that applies to federal gun regulations under Heller. Litigation over the constitutionality of numerous state and local gun laws is expected to proceed in lower courts to determine the precise scope of permissible regulation outside the core right to keep a handgun at home for self-defense.
Majority reasoning
The plurality, led by Justice Alito, reasoned that under the Court's well-established incorporation framework, a Bill of Rights guarantee applies to the states if it is fundamental to the American scheme of ordered liberty and deeply rooted in the nation's history and tradition. The Court found that Heller had already established self-defense as the central component of the Second Amendment right, and that this right is deeply rooted in English and American legal history, colonial and founding-era practice, and Reconstruction-era efforts to protect freedmen's right to bear arms against Southern disarmament campaigns. The Court rejected the municipal respondents' argument that a right is fundamental only if no civilized nation could exist without it, noting this "civilized nations" test was abandoned decades ago and would call into question numerous already-incorporated rights like the exclusionary rule and Establishment Clause. The Court also directly rebutted Justice Breyer's dissent, noting there is evidence of popular consensus favoring incorporation (amicus briefs from members of Congress and 38 states), that petitioners living in high-crime, high-minority areas dispute the claim that the right doesn't protect minorities, and that incorporation always restricts state experimentation without previously stopping incorporation of other rights. Because the Court declined to revisit the narrow Slaughter-House interpretation of the Privileges or Immunities Clause, it grounded incorporation instead in the Due Process Clause, consistent with decades of "selective incorporation" precedent.
Dissent reasoning
Justice Stevens dissented, arguing that the proper inquiry is whether the specific liberty interest asserted—keeping a handgun of one's choosing in the home—is protected by the Fourteenth Amendment's own liberty guarantee, independent of mechanical "incorporation" of the Second Amendment. He contended the majority's rigid historically-focused test is unfaithful to substantive due process doctrine, which requires weighing the practical stakes, giving deference to democratic experimentation, and considering that firearms pose unique dangers to others unlike other incorporated rights. He also emphasized that the Second Amendment's militia-related purpose makes it a "federalism provision" resistant to incorporation, and that States have a long, unbroken history of extensively regulating firearms, which counsels against nationalizing an unqualified self-defense right. Justice Breyer, joined by Justices Ginsburg and Sotomayor, dissented separately, arguing that the historical case for treating private self-defense as the core of the Second Amendment is deeply disputed among historians and that history alone cannot establish the right as "fundamental." He argued that gun regulation involves complex empirical judgments about public safety that legislatures, not courts, are better equipped to make, that incorporation would work a major intrusion on state and local police power central to federalism, and that there is no political-process failure here since gun-rights supporters are a powerful, well-organized political force needing no special judicial protection.
Constitutional question
Whether the Second Amendment right to keep and bear arms, recognized in District of Columbia v. Heller as an individual right to self-defense, applies to state and local governments through the Fourteenth Amendment.
Precedent changed
The ruling declines to overrule Slaughter-House Cases' narrow reading of the Privileges or Immunities Clause, but effectively displaces the reasoning of United States v. Cruikshank, Presser v. Illinois, and Miller v. Texas insofar as they held the Second Amendment does not apply to the states, given that those cases predated the modern selective incorporation framework.