Otis McDonald, 2nd Amendment Activist in Chicago, Plaintiff in Landmark Court Case, Passes Away

April 5 2014
by GSL Staff
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Screen Shot 2014-04-05 at 3.10.55 AMOtis McDonald was a staunch supporter of the Second Amendment in the anti-gun stronghold of Chicago, Illinois.

McDonald was the primary plaintiff in the 2010 Supreme Court Case that found the Second Amendment applies to the individual states.

We are saddened to announce he has passed away at the age of 79. The NRA-ILA released a short statement on his passing,

Gun rights activist Otis McDonald has passed away. He was 79. McDonald was the lead plaintiff in McDonald v. Chicago – a historic Second Amendment case that defined the scope of gun rights in relation to states. The National Rifle Association would like to extend our heartfelt condolences to the family of this civil rights hero.

I’m sure I join gun owners across the country in thanking Otis for his work to further secure our Second Amendment rights. I wish the best for his family during these tough times.

Here is a summary of the case from Wikipedia if you aren’t familiar with it.

McDonald v. Chicago, 561 U.S. 3025 (2010), is a landmark[1] decision of the Supreme Court of the United States that determined whether the Second Amendment applies to the individual states. The Court held that the right of an individual to “keep and bear arms” protected by the Second Amendment is incorporated by the Due Process Clause of the Fourteenth Amendment and applies to the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller as to the scope of gun rights in regard to the states.

Initially the Court of Appeals for the Seventh Circuit had upheld a Chicago ordinance banning the possession of handguns as well as other gun regulations affecting rifles and shotguns, citing United States v. CruikshankPresser v. Illinois, and Miller v. Texas.[2] The petition for certiorari was filed by Alan Gura, the attorney who had successfully argued Heller, and Chicago-area attorney David G. Sigale.[3] The Second Amendment Foundation and the Illinois State Rifle Association sponsored the litigation on behalf of several Chicago residents, including retiree Otis McDonald.

The oral arguments took place on March 2, 2010.[4][5] On June 28, 2010, the Supreme Court, in a 5–4 decision, reversed the Seventh Circuit’s decision, holding that the Second Amendment was incorporated under the Fourteenth Amendment thus protecting those rights from infringement by local governments.[6] It then remanded the case back to Seventh Circuit to resolve conflicts between certain Chicago gun restrictions and the Second Amendment.

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