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Mcdonald V. City of Chicago Case Briefing

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McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) 2. Facts: * Procedural (history) - what lower courts decided * The U.S. District Court and the U.S. Court of Appeals for the Seventh Circuit affirms, holding that the Second Amendment does not apply to states or localities. * Writ of Certiorari to the United States Court Of Appeals for the Seventh Circuit * Reversed and remanded * NRA of Am., Inc. v. City of Chicago, 567 F.3d 856, 2009 U.S. App. LEXIS 11721 (7th Cir. Ill., 2009) * District of Columbia v. Heller, 554 U.S., 128 S.Ct. 2783, 171 L.Ed.2d 637 (2008), * held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense but struck down a District of Columbia law that banned the possession of handguns in the home * Substantive * Chicago’s firearm law states that no citizen residing within the city limits is allowed to own or legally register any type of firearm, whether the firearm is for recreation or self/home protection * Chicago enacted its handgun ban to protect its residents "from the loss of property and injury or death from firearms." * McDonald and all other, say that the handgun ban has left them vulnerable and without protection to burglars and other criminals. * Chicago Police Department statistics show that the murder rate, where handguns have been used, has actually increased since the ban was enacted. * Chicago residents now face one of the highest murder rates in the country * Otis McDonald, Adam Orlov, Colleen Lawson, and David Lawson are residents who feel they should have the right to keep their firearms in their homes for self- defense but are legally prohibited from doing so by Chicago’s firearms laws. * Mr. McDonald is a community activist has been made a target

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