People v. Aguilar
2011 Ill. App. LEXIS 103
Ill. App. Ct.2011Background
- Defendant Aguilar was found guilty at bench trial of AUUW and unlawful possession of a firearm (under 18) after a June 12, 2008 incident in a friend's backyard.
- Officer testimony placed Aguilar with a gun in the backyard; the gun had a scratched serial number and three live rounds were loaded.
- Diaz, the homeowner, testified Aguilar did not have a gun and Aguilar denied possession; Diaz claimed no permission was given for Aguilar to possess a gun.
- Aguilar was sentenced to 24 months’ probation for AUUW; no sentence was imposed for unlawful possession of a firearm.
- This court sua sponte ordered briefing on retroactivity of the amended AUUW statute (Public Act 96-742) and its application to a case involving carrying outside the home.
- The State argued the amendments could not be retroactively applied; Aguilar argued the amendments clarified the statute and could apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Retroactive application of amended AUUW | Aguilar: amended statute applies retroactively. | Aguilar: amendments clarify original intent; retroactive. | Amendment cannot be retroactively applied. |
| Constitutionality of AUUW outside the home | Heller/McDonald preclude outside-home restrictions. | AUUW unconstitutionally restricts bear arms beyond home. | AUUW constitutional; intermediate scrutiny applied; not violative. |
| Effect of invitee permission element | Amendment extends exceptions for invitees with permission. | Owner's permission required; no permission shown here. | Amendment does not retroactively apply; no permission shown; conviction stands under amended framework if applicable. |
| Reviewability of unsentenced unlawful possession conviction | If AUUW reversal occurs, court may remand for sentencing on unlawful possession. | Dixon rationale allows review of unsentenced conviction. | Cannot review unsentenced unlawful possession conviction; not final. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (held the home handgun ban unconstitutional; scope limited to home)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (2010) (incorporation of Second Amendment against the states)
- People v. Dawson, 403 Ill. App. 3d 499 (2010) (AUUW retroactivity and constitutionality under Heller/McDonald; Smith reasoning cited)
- People v. Williams, 405 Ill. App. 3d 958 (2010) (AUUW sustainment post-Heller; intermediate scrutiny discussion)
- Kalodimos v. Village of Morton Grove, 103 Ill. 2d 483 (1984) (Illinois constitutional right to bear arms not necessarily fundamental)
- Commonwealth Edison Co. v. Will County Collector, 196 Ill. 2d 27 (2001) (Landgraf retroactivity framework adopted in Illinois)
- Relsolelo v. Fisk, 198 Ill. 2d 142 (2001) (state constitutional interpretation breadth; 4th District view on supplements)
- Dixon, 91 Ill.2d 346 (1982) (remand for sentencing on unsentenced convictions when greater offense reversed)