Otis Mcdonald, et al. v. City of Chicago, Illinois, et al. (561 U.S. 742)

U.S. Supreme Court · decided June 28, 2010 · Supreme Court Database (Spaeth)

Citation
561 U.S. 742 · 130 S. Ct. 3020
Decided
June 28, 2010
Term
October Term 2009
Vote
5–4
Majority author
Justice Alito
Issue area
Criminal Procedure
Disposition
Reversed and remanded
Outcome
Petitioning party won
Ideological direction
Conservative
Constitutional ruling
Local ordinance held unconstitutional

Opinion excerpt

Justice Alito announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, II-D, and III, in which The Chief Justice, Justice Scalia, Justice Kennedy, and. Justice Thomas join, and an opinion with respect to Parts II-C, IV, and V, in which The Chief Justice, Justice Scalia, and Justice Kennedy join. Two years ago, in District of Columbia v. Heller, 554 U. S. 570 (2008), we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense, and we struck down a District of Columbia law that banned the possession of handguns in the home. The city of Chicago (Chicago or City) and the village of Oak Park, a Chicago suburb, have laws that are similar to the District of Columbia’s, but Chicago and Oak Park argue that their laws are constitutional because the Second Amendment has no application to the States. We have previously held that most of the provisions of the Bill of Rights apply with full force to both the Federal Government and the States. Applying the standard that is well established in our case law, we hold that the Second Amendment right is fully applicable to the States. I Otis McDonald, Adam Orlov, Colleen Lawson, and David Lawson (Chicago petitioners) are Chicago residents who would like to keep handguns in their homes for self-defense but are prohibited from doing so by…

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