McDonald v. City of Chicago: Second Amendment Applies to the States

Two years after Heller established an individual right to keep and bear arms against federal action, the Supreme Court addressed whether that right also constrains state and local governments. On June 28, 2010, the Court answered yes in McDonald v. City of Chicago^[1].

The Holding

In a 5-4 decision, the plurality opinion authored by Justice Alito held that the Second Amendment right to keep and bear arms is incorporated against state and local governments through the Due Process Clause of the Fourteenth Amendment. Justice Thomas concurred in the judgment but argued incorporation should occur through the Privileges or Immunities Clause.

Direct Impact on Massachusetts

McDonald's incorporation of the Second Amendment meant that Massachusetts firearms laws were now subject to Second Amendment scrutiny. This opened the door for challenges to state-level regulations, including the licensing framework, assault weapons ban, and storage requirements. Every major Massachusetts firearms case since McDonald has been litigated under this framework.