2nd Amendment Right Showdown in McDonald v. Chicago – In the case of McDonald vs. Chicago, 08-1521, the Supreme Court ruled that the 2nd Amendment right to bear arms also applies against state and local governments. Otis McDonald, the man behind the lawsuit, had said that he had been robbed several times and wished to purchase a hand gun so that he could defend himself against criminals in the city.
The decision was 5-4. The Supreme Court said that an individual right to bear arms and keep them in your home was a fundamental guarantee that was made by the United States, and will remain the law despite other reforrms that local governments may have passed regarding the issue. Previously, the Supreme Court had shot down a local law that placed a handgun ban in Washington D.C.
“A provision in the Bill of Rights that protects a right that is fundamental from an American perspective applies equally to the federal government and the states,” said Justice Alito. While they may have reached a ruling on the subject, not all of the Supreme Court judges agreed as to how the law worked, but did agree that the law does apply to local government.
This ruling will likely lead to more challenges across the US in regard to handgun bans and other laws that may violate an individual’s right to bear arms in the United States. The handgun bans in the City of Chicago and Oak Park are prime examples of laws that likely would be overturned in a court of law, given the recent ruling by the Supreme Court.