Which case extended the Second Amendment's individual right to bear arms to the states through incorporation?

Which case extended the Second Amendment's individual right to bear arms to the states through incorporation?

• A. District of Columbia v. Heller (2008)
• B. Reynolds v. United States (1878)
• C. New York Times Co. v. United States (1971)
• D. McDonald v. City of Chicago (2010)

Answer: (D)

The key idea is incorporation through the Fourteenth Amendment. The Bill of Rights originally restrained only the federal government, but through selective incorporation, many of its protections have been made applicable to state and local governments via the Due Process Clause of the Fourteenth Amendment. For the Second Amendment, this incorporation is what makes the individual right to keep and bear arms applicable to states. That happens in McDonald v. City of Chicago. In this case, the Court held that the Second Amendment is fully applicable to the states through the Fourteenth Amendment, so state and local governments cannot infringe the individual right to keep and bear arms. The decision connects to District of Columbia v. Heller, which recognized the right as an individual one, but Heller itself applied to federal law (the District of Columbia’s laws) rather than to states. McDonald extends that protection to state and local governments, using the same underlying principle of the Second Amendment as an individual right. The other cases mentioned don’t fit this question. Reynolds deals with polygamy and free exercise of religion, New York Times Co. concerns prior restraint and freedom of the press. Neither addresses the incorporation of the Second Amendment to the states.

The key idea is incorporation through the Fourteenth Amendment. The Bill of Rights originally restrained only the federal government, but through selective incorporation, many of its protections have been made applicable to state and local governments via the Due Process Clause of the Fourteenth Amendment. For the Second Amendment, this incorporation is what makes the individual right to keep and bear arms applicable to states.

That happens in McDonald v. City of Chicago. In this case, the Court held that the Second Amendment is fully applicable to the states through the Fourteenth Amendment, so state and local governments cannot infringe the individual right to keep and bear arms. The decision connects to District of Columbia v. Heller, which recognized the right as an individual one, but Heller itself applied to federal law (the District of Columbia’s laws) rather than to states. McDonald extends that protection to state and local governments, using the same underlying principle of the Second Amendment as an individual right.

The other cases mentioned don’t fit this question. Reynolds deals with polygamy and free exercise of religion, New York Times Co. concerns prior restraint and freedom of the press. Neither addresses the incorporation of the Second Amendment to the states.