What it is
The Bill of Rights, including the Second Amendment, was originally understood to restrain the federal government. Incorporation is the doctrine by which courts have applied most of those protections to the states through the Due Process Clause of the Fourteenth Amendment.
For the Second Amendment, the key step came in McDonald v. City of Chicago (2010). The Supreme Court held that the right to keep and bear arms recognized in District of Columbia v. Heller (2008) is fundamental and applies to state and local governments.
Heller (2008) addressed a federal enclave and held that the Second Amendment protects an individual right to possess a firearm for lawful purposes such as self-defense in the home. McDonald then carried that holding to the states. Later, New York State Rifle & Pistol Association v. Bruen (2022) addressed carrying firearms in public and described how courts should evaluate firearm regulations by looking to the nation's historical tradition.
How it’s traditionally been approached
Before McDonald, earlier cases such as United States v. Cruikshank (1876) and Presser v. Illinois (1886) were read to mean the Second Amendment restricted only the federal government. For many decades, state and local firearm rules were largely a matter of state constitutions and state law.
Over the twentieth century, courts gradually applied many other Bill of Rights protections to the states, one right at a time. This is often called selective incorporation. Supporters of the Second Amendment have long argued that the right to arms belongs in that same category of fundamental liberties.
After McDonald, lower courts have heard many challenges to state and local rules. Outcomes vary by jurisdiction and change over time, so people traditionally look to current court decisions and official state resources, and often consult a licensed attorney, to understand where the law stands today.
How the right 2A business may help
The right 2A legal protection provider may help you understand how incorporation connects to the laws where you live. A visit or first call is generally a conversation about your situation, your state's requirements, and what kind of support you are looking for. It is not a substitute for advice from a licensed attorney.
Helpful questions to ask include: Which state and local laws apply to me? How do you stay current as court decisions change? Are you a licensed attorney, or do you offer a different kind of service? What does your membership or plan cover, and what does it not cover?
It may also help to ask how the provider handles education, such as explaining the difference between federal, state and local rules. A good provider will be clear about their limits, will not promise outcomes, and will encourage you to confirm details with official state resources.
The bigger picture
Understanding your rights and responsibilities can bring real peace of mind. Knowing how constitutional principles connect to the rules in your own community may reduce uncertainty and help you make careful, confident decisions about lawful ownership and carry.
Legal questions can also carry financial and emotional weight, so planning ahead matters. Some readers find it helpful to think about their overall readiness, including budget and support, and Providers.plus may be one resource for exploring that broader picture. No single approach is right for everyone.
Keep in mind
- Laws vary by state and locality and can change, so always confirm current rules with a licensed attorney or official state resources.
- Court cases are described here factually by their holdings; this page does not predict how future cases will be decided.
- Safety comes first with any firearm topic, including safe storage, training, and following all applicable laws.
- An independent directory like 2A Digital is not a law firm or professional advisor, and any provider may help but cannot guarantee results.
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Read this month's issue →Frequently asked questions
What is incorporation of the Second Amendment?
Incorporation of the Second Amendment is the legal doctrine that applies the right to keep and bear arms to state and local governments through the Fourteenth Amendment. The Supreme Court did this in McDonald v. City of Chicago (2010). Before that, the amendment was generally understood to limit only the federal government.
Which case incorporated the Second Amendment?
McDonald v. City of Chicago (2010) is the case that held the Second Amendment applies to the states. It built on District of Columbia v. Heller (2008), which recognized an individual right to keep a firearm for lawful purposes such as self-defense in the home.
What is the difference between Heller and McDonald?
Heller (2008) dealt with a federal law in the District of Columbia and recognized an individual right under the Second Amendment. McDonald (2010) addressed a city law in Illinois and held that this right applies to state and local governments as well.
What does the Fourteenth Amendment have to do with the Second Amendment?
The Fourteenth Amendment's Due Process Clause is the legal pathway courts use to apply Bill of Rights protections to the states. In McDonald (2010), the Court held that the right to keep and bear arms is fundamental and therefore covered by that clause.
Does incorporation mean states cannot regulate firearms?
No. Incorporation means states must respect the Second Amendment, but courts have recognized that some regulation may be permitted. What is allowed depends on current court decisions and your state's laws, so confirm details with a licensed attorney or official state resources.
Can a 2A legal protection provider help me understand incorporation?
A 2A legal protection provider may help explain how constitutional principles and court cases relate to the laws in your state. They cannot guarantee outcomes, and you should confirm any legal question with a licensed attorney.
Educational resource. 2A Digital shares general information and connects people with independent 2A businesses. It is not professional advice. Talk with a qualified professional about your own situation.