This educational guide is based on the linked primary sources. It is not a Court publication, is not affiliated with the Court, and is not legal advice.
In brief
Overview
According to Mr. Feldman, the case challenges Chicago’s ordinance that bans handguns while permitting long guns.
Petitioners argue that the Second Amendment protects an individual right that should be incorporated against the states through the Due Process Clause.
According to Mr. Feldman, respondents contend that Chicago’s regulation is consistent with the historical tradition of allowing local governments to balance self‑defense needs with public safety.
Background and question before the Court
Justice Scalia asked whether it is easier to bring the Second Amendment under the Privileges and Immunities Clause than under substantive due process.
Justice Sotomayor asked what injustice has been caused and referenced incorporation of the Second Amendment via the Privileges and Immunities Clause.
What each side argues
Petitioner (Otis McDonald)
According to Alan Gura, Chicago’s ordinances cannot survive the faithful application of due‑process doctrines; the Constitution’s plain text mandates reversal of the lower court’s judgment.
According to Paul D. Clement, incorporating the Second Amendment through the Due Process Clause is straightforward because the amendment protects a fundamental pre‑existing right guaranteed to the people.
According to Mr. Gura, beyond the Second Amendment, other rights enumerated in the first eight amendments and certain unenumerated rights are also being denied by Chicago’s ordinance.
Respondent (City of Chicago)
According to Mr. Feldman, Chicago’s regulation, which permits long guns but bans handguns, reflects a balance of self‑defense needs with risks of violence, accidental death, and suicide, and is well within historical tradition.
What happened at oral argument
Justice Sotomayor asked what injustice has been caused that the Court must remedy.
Justice Scalia asked whether it is easier to bring the Second Amendment under the Privileges and Immunities Clause than under substantive due process.
According to Justice Scalia, justice Scalia questioned when the Court last applied the “ordered liberty” test.
Justice Scalia asked whether the right to trial by jury is implicit in the concept of ordered liberty.
Justice Scalia asked what basis there would be to deny the right.
Justice Alito asked whether the right to contract is included in the analysis.
Justice Kennedy asked for examples of jury trials in civil cases.
According to Chief Justice Roberts, chief Justice Roberts noted that the case was submitted for consideration.
- [1] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 4
- [2] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 6
- [3] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 30
- [4] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 31
- [5] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 38
- [6] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 64
- [7] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 62
- [8] 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdf, p. 65
What the Court decided
Why it matters
The case raises the question of whether the Second Amendment is incorporated against the states, which could affect Chicago’s handgun ban.
Terms to know
No glossary terms are available for this guide.
Primary sources
Read the source materials on the official site or open the immutable repository copy used for this guide.
- 945bfbf7b218e1f0fcbd-r1-d248debab271f27f.pdforal argument transcript
Guide generated September 23, 2026. Automated validation accepted this version.