On June 26, 2008, the Supreme Court issued its decision in District of Columbia v. Heller, holding that the Second Amendment protects an individual right to keep and bear arms and, on that basis, striking down the District of Columbia’s ban on possessing a handgun in the home. The decision in District of Columbia v. Heller, however, only applied to federal gun control laws. In its McDonald decision, the Court addressed the issue of whether the Second Amendment also applies to state and local laws through the Fourteenth Amendment, which states in relevant part that: “No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law. . . .” The first clause is known as the privileges and immunities clause; the second is known as the due process clause.
Justice Alito wrote the opinion of the Court, which was joined by Chief Justice Roberts and Justices Scalia and Kennedy. Justice Thomas joined in the judgment, and certain parts of Justice Alito’s opinion. Justice Scalia wrote a concurring opinion and Justice Thomas wrote an opinion concurring in part and concurring in the judgment. Justice Stevens wrote a dissenting opinion and Justice Breyer wrote a dissenting opinion in which Justices Ginsburg and Sotomayor joined. Supreme Court's Decision in McDonald v. Chicago | 1111 Kb |
