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Supreme Court Update: McDonald v. City of Chicago

Friday, January 8, 2010

For several months, we have been reporting on the landmark McDonald v. City of Chicago court case.  The McDonald case is one of several that were filed immediately after last year's decision in District of Columbia v. Heller, in which the Court upheld the Second Amendment as protecting an individual right and invalidated Washington, D.C.'s ban on handgun possession, as well as the capital city's ban on keeping loaded, operable firearms for self-defense in the home. 

On November 16, the NRA filed its brief with the U.S. Supreme Court as Respondent in Support of Petitioner in McDonald v. City of Chicago.  The NRA brief asks the Court to hold that the Second Amendment applies to state and local governments through the 14th Amendment, and makes a clear and strong case in favor of incorporation of the Second Amendment. 

The Court is scheduled to hear oral arguments in the McDonald v. City of Chicago case on Tuesday, March 2, 2010. 

There are two provisions in the 14th Amendment to the Constitution through which the Supreme Court should apply the Second Amendment to the states.  One is the Due Process Clause, which the Court has used to incorporate a majority of the provisions of the Bill of Rights, and the other is the Privileges or Immunities Clause.  The Supreme Court has asked the parties in McDonald v. Chicago to address both issues.   Counsel for the petitioner, Otis McDonald, focused overwhelmingly in his brief on the Privileges or Immunities Clause.  NRA, as a party to the case, focused its brief largely on the Due Process Clause (although the NRA brief also discusses the Privileges or Immunities Clause). 

NRA believes that the Court should reach the same conclusion -- that the Framers of the 14th Amendment clearly intended to apply the Second Amendment to the states -- under either provision of the 14th Amendment.  NRA has asked for the opportunity to participate in the oral argument to ensure that all arguments for applying the Second Amendment to the states are fully considered.  Gun owners will have the best chance of ultimate victory on this critical issue if all options are fully explained to the Court.  As always, NRA's goal in McDonald is to see that our fundamental, individual Right to Keep and Bear Arms applies to all law-abiding Americans, regardless of the state in which they live. 

Rest assured we will continue to update you on the case as it progresses.


Wednesday, November 25, 2015

Appropriations Act Signed Into Law With Important Pro-Second Amendment Provisions

On Wednesday, November 25, the President signed S. 1356, the National Defense Authorization Act for Fiscal Year 2016 into law. Included in the bill were some very important pro-gun provisions that represent the culmination of long-term efforts by ...


Friday, May 15, 2015

Obama Administration Opposes CMP Handgun Sales

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Gun Laws  

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Guide To The Interstate Transportation Of Firearms

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Friday, November 20, 2015

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Recently, we reported on Hillary Clinton’s praise for local firearm “buyback” events and her view that forcing Americans to participate ...


Friday, November 27, 2015

President Obama Signs NRA-Backed Measures into Law

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Friday, November 20, 2015

Anti-gun Politicians, Media Exploit Paris Attacks in “Terrorist Gap” Rehash

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Tuesday, November 24, 2015

Michigan: Governor Snyder Signs Firearm Inheritance Protection Act

Today, November 24, Governor Rick Snyder (R) signed Senate Bills 225 and 226.


Friday, November 20, 2015

Brussels Pushes Gun Control in Wake of Paris Attacks

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Friday, November 20, 2015

Overwhelming 81 Percent of Current and Former Military have Unfavorable View of Clinton

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Washington Times  

Wednesday, November 25, 2015

White House to GOP: Worry about gun control

The White House said Monday that Republicans concerned about Syrian refugees waging terrorist attacks in the U.S. should focus their energy instead on banning guns sales to people on the government’s terrorist watch list.


Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.