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Issue: Whether the Privileges or Immunities Clause of the Fourteenth Amendment requires the application of the Bill of Rights in its entirety to state and local governments.
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It could have had an impact on other parts of the Bill of Rights to which incorporation had not yet been applied. This doctrinal shift would have allowed the Bill of Rights to be applied directly to non-federal governments without the need for incorporation. McDonald also offered the novel argument that the Fourteenth Amendment's Privileges or Immunities Clause should be allowed to apply the Bill of Rights to state and local governments, overturning the Court's 1873 decision in the Slaughter-House Case. (Since Heller had unfolded in the District of Columbia, the Bill of Rights was directly applicable to this federally controlled area.) This meant that the right to bear arms must be deemed fundamental because of its deeply rooted presence in national history and traditions or its inherent role in protecting liberty. Heller (2008), McDonald sought to expand the Second Amendment's application to state and local governments through selective incorporation. (He owned shotguns for hunting but did not want to use those.)īuilding on the Supreme Court decision in District of Columbia v. He had been the victim of five burglaries, so he felt that he needed a handgun for the purposes of self-defense. McDonald, who was 76 years old and a former maintenance engineer, pointed out that his neighborhood in Morgan Park was prone to gang-related violence as a result of drug trafficking.
#11. how does gun ownership contradict the state’s monopoly of force? registration
The law also required the re-registration of handguns with the payment of an annual fee and prevented any individual from registering a gun again once its registration had lapsed. Four Chicago residents, including Otis McDonald, challenged a Chicago ordinance that required the registration of firearms while accepting no registrations that post-dated the implementation of a handgun ban in 1982.