McDonald v. Chicago
2010 — Second Amendment Incorporated to the States
Constitutional Clause
2nd Amendment (Right to Bear Arms) / 14th Amendment (Selective Incorporation)
Does the Second Amendment's right to bear arms apply to state and local governments through the 14th Amendment?
Memory Tricks
"McDonald = Make States Respect the 2nd" — McDonald v. Chicago incorporated the 2nd Amendment to the states. Before McDonald, states could ban handguns (Chicago did). After McDonald, states must respect individual gun rights just like the federal government.
"Heller 2008 → McDonald 2010" — District of Columbia v. Heller (2008) established individual gun rights at the FEDERAL level. McDonald (2010) applied Heller's holding to the STATES through the 14th Amendment. Know both.
"Incorporation Again" — Like Gideon (6th Amendment to states) and Tinker (1st Amendment in schools), McDonald is another selective incorporation case — Bill of Rights right applied to states via 14th Amendment.
Facts of the Case
Chicago and Oak Park, Illinois created strict gun ban laws to reduce violence. After the Supreme Court's Heller decision (2008) struck down the D.C. gun ban, Otis McDonald — a Chicago resident who had maintained a legal gun license for years — challenged Chicago's ban. He claimed basic Second Amendment rights to possess a gun in his home.
Holding / Decision
Vote: 5-4 (Roberts Court)
The Roberts Court voted 5-4 to support McDonald. The 2nd Amendment's right to keep and bear arms — established for federal action in Heller (2008) — must be applied to state laws through the 14th Amendment's Due Process Clause. States cannot remove this fundamental federal constitutional right.
Key Principle
"The Second Amendment right to keep and bear arms is fully applicable to the States."
Paired Case
District of Columbia v. Heller, 2008
The original gun rights case. After D.C. banned most handguns, the Court ruled 5-4 in Heller that the Second Amendment protects an individual's right to possess firearms for lawful purposes (self-defense in the home) — not just for organized militias. Heller applied to federal enclaves; McDonald extended this to states.
AP Exam Connections
Foundational Doc
U.S. Constitution (2nd & 14th Amendments)
2nd Amendment right + 14th Amendment selective incorporation to states
Related Case
Gideon v. Wainwright (1963)
Both are selective incorporation cases — Bill of Rights applied to states via 14th Amendment
Foundational Doc Connection
Brutus No. 1 (+)
States retaining some gun regulation supports Brutus's states rights argument — but McDonald limits state power
Unit 5
Civil liberties — 2nd Amendment
McDonald is the definitive 2nd Amendment incorporation case
Writing Practice
AP-Style FRQ Prompt
In McDonald v. Chicago (2010), the Supreme Court applied the Second Amendment to state governments. Explain the constitutional doctrine that made this possible and describe how McDonald changed state gun regulation authority.
Tip: Always connect McDonald to both Heller (the substantive right) and selective incorporation (the mechanism for applying it to states). The AP exam often pairs McDonald with Gideon as parallel selective incorporation examples.
Key Takeaways
- 2nd Amendment right to bear arms is incorporated to states via 14th Amendment
- Follows Heller (2008) which first established individual gun rights at federal level
- Another example of selective incorporation (like Gideon, Tinker)
- States may still regulate guns but cannot impose comprehensive bans on handguns