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No. 08-1521I
N
T
HE
 
Supreme Court of the United States
O
TIS
M
C
D
ONALD ET AL
.
,
 Petitioners,
v.C
ITY OF
C
HICAGO ET AL
.,
Respondent.
On Writ of Certiorari to the United States Court of  Appeals for the Seventh Circuit
BRIEF FOR RESPONDENTS THE NATIONALRIFLE ASSOCIATION OF AMERICA, INC. ET AL. IN SUPPORT OF PETITIONERS
S
TEPHEN
P.
 
H
 ALBROOK 
 3925 Chain Bridge Rd.,Suite 403Fairfax, VA 22030(703)
 
352-7276
Counsel for the NationalRifle Association of  America, Inc., et al.
 S
TEPHEN
D.
 
P
OSS
 
Counsel of Record
K 
EVIN
P.
 
M
 ARTIN
 S
COTT
B.
 
N
 ARDI
 J
OSHUA 
S.
 
L
IPSHUTZ
 G
OODWIN
P
ROCTER
LLPExchange PlaceBoston, MA 02109(617) 570-1000
Counsel for the NationalRifle Association of  America, Inc.
November 16, 2009
 
 
QUESTION PRESENTED
Whether the Second Amendment right to keepand bear arms is incorporated as against the Statesby the Fourteenth Amendment’s Privileges orImmunities or Due Process Clauses.
 
 
ii.
PARTIES TO THE PROCEEDING
 Petitioners Otis McDonald, Adam Orlov, ColleenLawson, David Lawson, Second AmendmentFoundation, Inc. and Illinois State Rifle Associationinitiated the proceedings below by filing a complaintagainst Respondent City of Chicago and its Mayor,Richard M. Daley, in the United States DistrictCourt for the Northern District of Illinois. MayorDaley was dismissed at an early stage of theproceedings and is no longer a party in the matter.The day after Petitioners filed their complaint inthe District Court, similar cases were broughtagainst Respondent City of Chicago and MayorDaley; and the Village of Oak Park, Illinois and itsPresident, David Pope, by other parties. Theplaintiffs in the related Chicago case were theNational Rifle Association of America, Inc., Dr.Kathryn Tyler, Anthony Burton, Van F. Welton, andBrett Benson. The plaintiffs in the related Oak Parkcase were the National Rifle Association of America,Inc., Robert Klein Engler, and Dr. Gene A. Reisinger.The three cases were related, but notconsolidated, in the District Court. Petitioners andthe plaintiffs in the related cases separatelyappealed the District Court’s decision to the UnitedStates Court of Appeals for the Seventh Circuit,which consolidated the appeals.
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