McDonald v. City of Chicago Second Amendment to the United States Constitution

on june 28, 2010, court in mcdonald v. city of chicago, 561 u.s. 3025 (2010), held second amendment incorporated, saying [i]t clear framers , ratifiers of fourteenth amendment counted right keep , bear arms among fundamental rights necessary our system of ordered liberty. means court ruled second amendment limits state , local governments same extent limits federal government. remanded case regarding chicago handgun prohibition. 4 of 5 justices in majority voted way of due process clause of fourteenth amendment, while fifth justice, clarence thomas, voted through amendment s privileges or immunities clause.

justice thomas noted privileges or immunities clause refers citizens whereas due process clause refers more broadly person , , therefore thomas reserved issue of non-citizens later decision. after mcdonald, many questions second amendment remain unsettled, such whether non-citizens protected through equal protection clause.

in people v. aguilar (2013), illinois supreme court summed central second amendment findings in mcdonald:

two years later, in mcdonald v. city of chicago, 561 u.s. ___, ___, 130 s. ct. 3020, 3050 (2010), supreme court held second amendment right recognized in heller applicable states through due process clause of fourteenth amendment. in holding, court reiterated second amendment protects right keep , bear arms purpose of self-defense (id. @ ___, 130 s. ct. @ 3026); individual self-defense ‘the central component’ of second amendment right (emphasis in original) (id. @ ___, 130 s. ct. @ 3036 (quoting heller, 554 u.s. @ 599)); , [s]elf-defense basic right, recognized many legal systems ancient times present day (id. @ ___, 130 s. ct. @ 3036).