Supreme Court Case Summary

The Supreme Court decision in Chicago v. McDonald, 561 US 742 (2010) set the groundwork for States to take a deeper look at their particular gun control laws to determine if they were concurrent with the justices ruling as there would most likely be additional challenges to other states laws, but did the ruling in itself establish gun control legislation? A summary of the case and the preceding decision in the Supreme Court decision of 2008, the District of Columbia v. Heller, is necessary to make this determination. In addition, a summary of the justice’s views on both the Second and Fourteenth Amendments to the US Constitution will offer some additional insight so as to be able to form an opinion on the question. In recent years more than any, one of the most hotly and passionately debated topics of our great nation has been the 2nd Amendment. Article II of the Bill of Rights states, “A well regulated militia, being necessary to the security of a free State, the right of the People to keep and bear Arms, shall not be infringed.” It has been discussed during lectures, speeches, on the floor of congress as well as at the local bar and the dinner table. The simple words, “gun control” evoke emotions across the full spectrum and the results will most likely never fully satisfy those on either side of

The case eventually made its way to the Supreme Court and was argued in March of 2008 and the court ruled on the challenge in June of 2008. In its 5-4 ruling the Supreme Court majority stated that the districts laws, as written, were effectively a prohibition on gun ownership and violated the Second Amendment. The court stated that the requirement to have a permit to own the weapon was valid and as long as Heller remained qualified for the permit he must be issued one. What the court did not clarify in this case was whether or not the decision applied to states in addition to the District of