2023 IL App (1st) 231033-U
Ill. App. Ct.2023Background
- Respondent C.P., a 16-year-old, was adjudicated delinquent for aggravated unlawful use of a weapon (AUUW) and unlawful possession of a firearm (UPF) after tossing a loaded handgun into the street while fleeing police.
- He was charged under 720 ILCS 5/24-1.6(a)(1), (a)(3)(I) (AUUW: prohibits handgun possession outside the home by persons under 21) and 720 ILCS 5/24-3.1(a)(1) (UPF: prohibits concealable firearm possession by persons under 18).
- The juvenile court convicted after a bench trial and imposed a single disposition of one year probation. The two counts were not formally merged.
- On appeal, C.P. raised facial and as-applied Second Amendment challenges to the age-based statutory prohibitions.
- The appellate court affirmed, relying principally on Illinois Supreme Court precedent that upheld age-based firearm restrictions as textually and historically consistent with the Second Amendment and concluding Bruen’s textual-historical framework does not change that outcome.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether AUUW §24-1.6(a)(3)(I) (ban on handgun possession outside home by under-21s) violates the Second Amendment (facial and as-applied) | C.P.: “the People” includes 18–20-year-olds and minors; age-based ban infringes 2A rights | State: Age-based restriction is historically rooted; Illinois Supreme Court (Mosley/Jordan G./Aguilar) upheld such limits | Upheld. Statute is historically justified; facial and as-applied challenges fail |
| Whether UPF §24-3.1(a)(1) (ban on concealable firearms by under-18s) violates the Second Amendment | C.P.: Minors’ possession falls within Second Amendment protections | State: Possession by minors falls outside core Second Amendment protection; historically justified | Upheld. Possession of handguns by minors is not protected by the Second Amendment |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognized individual right to possess firearms for self-defense)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporated Second Amendment against the states)
- New York State Rifle & Pistol Ass'n v. Bruen, 142 S. Ct. 2111 (2022) (Second Amendment challenges judged by text-and-history test; rejected means-end scrutiny)
- Ezell v. City of Chicago, 651 F.3d 684 (7th Cir. 2011) (describes two-step analytical approach later addressed by Bruen)
- People v. Aguilar, 2013 IL 112116 (Ill.) (held handgun possession by minors falls outside Second Amendment protection)
- People v. Mosley, 2015 IL 115872 (Ill.) (upheld AUUW age-21 restriction as historically rooted)
- In re Jordan G., 2015 IL 116834 (Ill.) (rejected a 16-year-old’s Second Amendment challenge to AUUW)
- Wilson v. County of Cook, 2012 IL 112026 (Ill.) (Illinois Supreme Court articulated the two-step approach later addressed by Bruen)