Final answer:
The Supreme Court case McDonald v. Chicago determined that the Second Amendment is incorporated by the Fourteenth Amendment and thus applies to the states. This allows individuals to claim the right to bear arms for self-defense under state law, subject to certain regulations.
Step-by-step explanation:
McDonald v. Chicago and the Incorporation of the Second Amendment
The Supreme Court case McDonald v. Chicago addressed whether the right to keep and bear arms, protected under the Second Amendment, is applicable to the states through the Fourteenth Amendment's Privileges and Immunities or Due Process clauses. In a landmark 5-4 decision, the court rendered that the Second Amendment does apply to the states. This conclusion was based on the principle of selective incorporation, which mandates that certain fundamental rights, including the Second Amendment's protection of an individual's right to keep and bear arms for self-defense, are applicable to the states and cannot be infringed upon. The precedent set by the case has had a significant impact on state regulation of firearms, while still acknowledging that the courts do not consider gun rights as absolute.
Previously, in District of Columbia v. Heller (2008), the right to keep and bear arms was confirmed to be an individual right for traditionally lawful purposes such as self-defense within the home, but this initially applied only to federal territories. The McDonald v. Chicago case extended this right to state and local governments, overturning prior decisions and setting a precedent for the interpretation of the Second Amendment in the context of state laws.
The decision highlighted the ongoing process of selective incorporation through which the Supreme Court ensures that fundamental liberties are protected at all levels of government.