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McDonald v. City of Chicago
''McDonald v. Chicago'', 561 U.S. (742 ) (2010), is a landmark decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to "keep and bear arms" protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of ''District of Columbia v. Heller'' as to the scope of gun rights in regard to the states.
Initially the Court of Appeals for the Seventh Circuit had upheld a Chicago ordinance banning the possession of handguns as well as other gun regulations affecting rifles and shotguns, citing ''United States v. Cruikshank'', ''Presser v. Illinois'', and ''Miller v. Texas''.〔''National Rifle Ass'n of Amer., Inc. v. City of Chicago'', 〕 The petition for certiorari was filed by Alan Gura, the attorney who had successfully argued ''Heller'', and Chicago-area attorney David G. Sigale. The Second Amendment Foundation and the Illinois State Rifle Association sponsored the litigation on behalf of several Chicago residents, including retiree Otis McDonald.
The oral arguments took place on March 2, 2010. On June 28, 2010, the Supreme Court, in a 5–4 decision, reversed the Seventh Circuit's decision, holding that the Second Amendment was incorporated under the Fourteenth Amendment thus protecting those rights from infringement by local governments. It then remanded the case back to Seventh Circuit to resolve conflicts between certain Chicago gun restrictions and the Second Amendment.
== Case ==
In ''McDonald v. City of Chicago'', (2010), Chicago resident Otis McDonald, a 76-year-old (in 2010) retired maintenance engineer, had lived in the Morgan Park neighborhood since buying a house there in 1971. McDonald decried the decline of his neighborhood, describing it as being taken over by gangs and drug dealers. His lawn was regularly littered with refuse and his home and garage had been broken into a combined five times, with the most recent robbery committed by a man McDonald recognized from his own neighborhood.〔 An experienced hunter, McDonald legally owned shotguns, but believed them too unwieldy in the event of a robbery, and wanted to purchase a handgun for personal home defense. Due to Chicago's requirement that all firearms in the city be registered, yet refusing all handgun registrations after 1982 when a citywide handgun ban was passed, he was unable to legally own a handgun. As a result, in 2008, he joined three other Chicago residents in filing a lawsuit which became McDonald v. Chicago.〔
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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