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why did mcdonald sue chicago

by Jonathan Kohler V Published 2 years ago Updated 2 years ago
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In McDonald v. City of Chicago, Chicago resident Otis McDonald, a 76-year-old retired maintenance engineer, had lived in the Morgan Park neighborhood since buying a house there in 1971. McDonald described the decline of his neighborhood and claimed it was being taken over by gangs and drug dealers.

The case arose in 2008, when Otis McDonald, a retired African American custodian, and others filed suit in U.S. District Court to challenge provisions of a 1982 Chicago law that, among other things, generally banned the new registration of handguns and made registration a prerequisite of possession of a firearm.Sep 21, 2022

Full Answer

What was the case in McDonald v. City of Chicago?

In McDonald v. City of Chicago, Chicago resident Otis McDonald, a 76-year-old retired maintenance engineer, had lived in the Morgan Park neighborhood since buying a house there in 1971. McDonald described the decline of his neighborhood and claimed it was being taken over by gangs and drug dealers. His lawn was regularly littered with refuse, and his home and garage had been broken into a combined five times, the most recent robbery being committed by a man whom McDonald recognized from his own neighborhood. As an experienced hunter, McDonald legally owned shotguns but believed them to be too unwieldy in the event of a robbery and so he wanted to purchase a handgun for personal home defense. Chicago's requirement that all firearms in the city be registered but its refusal of all handgun registrations since 1982, when a citywide handgun ban was passed, made him unable to own a handgun legally. As a result, he joined in 2008 three other Chicago residents in filing a lawsuit that became McDonald v. City of Chicago.

Who brought the McDonald case to the Supreme Court?

The Second Amendment Foundation brought the McDonald case to the Supreme Court with its lead attorney Alan Gura. The cases were appealed separately to the U.S. Supreme Court.

What did McDonald challenge?

McDonald challenged four broad aspects of Chicago's gun registration law, which, according to the plaintiffs:

What would happen if the Slaughter House case was overturned?

Their interest was that if Slaughter-House had been overturned, it would have been possible that constitutional guarantees such as the right to a jury in civil cases, right to a grand jury in felony cases, and other parts of the Bill of Rights, as well as future court rulings and existing federal precedent, not universally guaranteed in actions by the states, would have been applied against the states automatically.

When was Ezell v. Chicago ruled constitutional?

In Ezell v. Chicago, decided July 6, 2011, the Seventh Circuit reversed a district court decision that the post- McDonald measures adopted by the City of Chicago were constitutional.

Which Supreme Court case ruled that the right to bear arms is protected by the Second Amendment?

United States v. Cruikshank (1876) (in part) & Presser v. Illinois (1886) McDonald v. Chicago, 561 U.S. 742 (2010), is a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms," as protected under the Second Amendment, is incorporated by the Due Process Clause ...

Which Supreme Court case summed up the central Second Amendment findings in McDonald?

In People v. Aguilar (2013), the Illinois Supreme Court summed up the central Second Amendment findings in McDonald:

Who sued to repeal the gun ban?

Meet the plaintiffs: These four Chicago residents (from left), Adam Orlov, David and Colleen Lawson, and Otis McDonald, have sued to repeal the city’s ban on handgun possession. Their case will be heard by the Supreme Court in February.

What year did Chicago ban guns?

Proposed by Mayor Jane Byrne and passed in 1982 , the city’s ordinance bans the possession of handguns, except for those registered before the law took effect. Morton Grove had passed a similar ban the year before—a first in the nation. At the time, the laws were hailed as commonsense attacks on what newspapers had begun to call the “epidemic” of crime and gun proliferation.

What was the Morton Grove ban?

At the time, the laws were hailed as commonsense attacks on what newspapers had begun to call the “epidemic” of crime and gun proliferation.

Who prevailed in the Heller case?

In preparation for the Heller case, Levy and his associates interviewed dozens of potential plaintiffs who lived in Washington, D.C. “We wanted gender diversity. We wanted racial diversity. We wanted age diversity. We wanted income diversity,” Levy told the Times, describing their criteria. Today the chairman of the Cato Institute, a libertarian think tank in Washington, D.C., Levy prevailed in the Heller case, but because Washington, D.C., is considered part of the federal system, the ruling does not apply to state and local governments.

Did Gura sue the city of Chicago?

Gura readily acknowledges that in order to neutralize unflattering gun-culture stereotypes, he and his team methodically sought people with whom average Americans can “identify and empathize.” None had ever considered suing the City of Chicago individually, but Gura rejects the suggestion that the plaintiffs were put up to the task. “We didn’t give anyone the idea that these laws were wrong and violated their rights,” says Gura, who lives in Alexandria, Virginia, and is part of a three-person civil rights practice. “All of the plaintiffs in this case have believed for a very long time that these laws were restricting, and they were happy to hear that there are lawyers interested in representing them.”

Who is the CEO of McDonald's?

McDonald’s President and CEO Steve Easterbrook was joined by employees, owner-operators and suppliers, Chicago Mayor Rahm Emanuel and local community and civic leaders for the unveiling.

Who designed McDonald's Hamburger University?

The building was developed by Sterling Bay; Gensler served as architect of record; interiors were designed by IA Interior Architects and Studio O+A; and the general contractors were McHugh & ECI Executive Construction Inc. McDonald’s office space, including Hamburger University will occupy 490,000 square feet of the building.

What is LEED certified McDonald's?

The LEED certifiable building reflects McDonald’s commitment to sustainability. All waste produced in the test kitchens will be composted and the building also features a green roof.

What is the ground floor of McDonald's?

The ground floor is home to a one-of-a-kind McDonald’s restaurant that features a rotating menu of favorites from around the globe as well as classic menu items – connecting McDonald’s international reach to Chicago. This Experience of the Future (EOTF) restaurant illustrates the company’s commitment to transforming the customer experience with self-order kiosks, table service, enhanced hospitality, mobile order and payment and McDelivery with Uber Eats.

Where is McDonald's headquarters?

McDonald’s Opens New Global Headquarters in Chicago’s West Loop. The new nine-story building at Randolph and Carpenter Streets exemplifies company’s commitment to become a better McDonald’s, more closely connected to its customers.

Who is Brittany McDonough?

Brittany McDonough, a six-year McDonald’s employee and co-chair of the company’s Young Professionals Network told those gathered at the grand opening: “McDonald’s move back to Chicago reinforces its commitment to emerging leaders who value increased opportunities to be part of a dynamic cultural and civic community.”.

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Overview

McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to th…

Background

In McDonald v. City of Chicago, Chicago resident Otis McDonald, a 76-year-old retired maintenance engineer, had lived in the Morgan Park neighborhood since buying a house there in 1971. McDonald described the decline of his neighborhood and claimed it was being taken over by gangs and drug dealers. His lawn was regularly littered with refuse, and his home and garage had been broken into a combined five times, the most recent robbery being committed by a man wh…

McDonald v. Chicago as compared to NRA v. Chicago

Despite being consolidated at the U.S. Court of Appeals for the Seventh Circuit, the cases are different in scope in terms of the specific regulations challenged and the legal argument for applying the Second Amendment against state and local governments. The Second Amendment Foundation brought the McDonald case to the Supreme Court with its lead attorney Alan Gura. The cases were appealed separately to the U.S. Supreme Court.

Amici curiae

Thirty-three amici curiae ("friends of the court") briefs for this case were filed with the Clerk of the Supreme Court.
One of these briefs was filed by U.S. senators Kay Bailey Hutchison (R, TX) and Jon Tester (D, MT) and U.S. representatives Mark Souder (R, IN) and Mike Ross (D, AR) asking the Supreme Court to find in favor of the petitioners and rule that the Second Amendment does apply to the states. Th…

Decision

In People v. Aguilar (2013), the Illinois Supreme Court summed up the central Second Amendment findings in McDonald:
Two years later, in McDonald v. City of Chicago, 561 U.S. ___, ___, 130 S. Ct. 3020, 3050 (2010), the Supreme Court held that the second amendment right recognized in Heller is fully applicable to the states through the due process clause of the fourteenth amendment. In so holding, the Cour…

Reception

The initial reactions to the Court's ruling were favorable from both the National Rifle Association and the Brady Campaign to Prevent Gun Violence. Both issued statements to the public that they feel they were vindicated by the Court's holding. However, the court did not include a "clarification of the standard for review" as requested by the Brady group in their amicus brief. In a discussion on the day of the ruling Wayne LaPierre of the NRA and Paul Helmke of the Brady Center both agre…

Related cases

The day after Heller was filed, the National Rifle Association filed five similar lawsuits challenging local gun bans:
• Guy Montag Doe v. San Francisco Housing Authority: In January, 2009, the San Francisco Housing Authority reached a settlement in favor of the plaintiff, Guy Montag Doe, which allows residents to possess legal firearms within a SFHA apartment building.

See also

• 2nd Amendment Day
• Firearm case law in the United States
• List of United States Supreme Court cases, volume 561

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