Mcdonald V Chicago (2010)

McDonald v Chicago

Background:

Otis McDonald was a retiree of 76 at the time the case was held. He was previously a maintenance engineer and was residing in Morgan Park. He was in possession of legally owned shotguns, but it was clear as his neighbourhood declined into squalor that deer would not be the only things he may be needing to arm himself against anymore. He had his garage broken into a total of five times, one of which he was able to identify the robber as a member of his very own, very troublesome, neighbourhood.

Chicago, before this landmark court case, had restrictions on the use of shotguns and rifles, but they were permitted to be owned. All guns in the city needed to be registered with the state. Handguns, however, we're banned from being registered, therefore making it impossible to own one legally.

Summary:

The case was brought around in 2008 when McDonald came together with three other residents of Chicago to put an end to this unconstitutional ban. They quickly gained the support of the Second Amendment Foundation and the Illinois Rifle Association, who backed and sponsored the court case.

The case had originally gone through a seventh circuit court which were in favour of Chicago. In the Supreme Court case, however, this was overturned. It was found that the 2nd amendment was incorporated under the 14th amendment and included state and local governments to abide by this law alongside the national government.

When the case was concluded, it was sent back to a seventh circuit court to determine the infringement of rights caused by the bans and regulations on various types of guns by the city of Chicago.

US Constitution Impact:

The two amendments in play for this case were the 2nd, a part of the Bill of Rights, and the 14th, which involves the incorporation of the Bill of Rights.

The 2nd amendment gives American citizens the right to bear arms and protect themselves in their own homes,...