The U.S. Supreme Court case Otis McDonald, et al. v. City of Chicago, Illinois, et al., 2009 was a landmark decision that extended the Second Amendment's right to keep and bear arms for self-defense to all states through the Fourteenth Amendment's Due Process Clause. The lawsuit was brought by several residents of Chicago who challenged the city's ban on handgun ownership as unconstitutional after their applications for handgun registrations were denied by the city. In a 5-4 ruling led by Justice Samuel Alito, it held that individual self-defense is "the central component" of the Second Amendment right and found that this right applies equally to federal government and state governments alike.

In the dissenting opinion for McDonald v. City of Chicago, Justice Stephen Breyer argued that the Second Amendment should not be incorporated to apply to states through the Fourteenth Amendment's Due Process Clause. He contended that history and precedent did not support this interpretation, and suggested a more flexible approach in which courts would examine each right on a case-by-case basis to determine if it is fundamental enough for incorporation. Furthermore, he expressed concerns about striking down gun control laws across the country without clear evidence they are ineffective or unnecessary for public safety. He also noted potential negative consequences such as increased violence and accidental injuries from firearms proliferation due to less regulation.