2024 IL App (1st) 221138
Ill. App. Ct.2024Background
- Lamar Atkins was stopped by police in Chicago, who discovered a firearm in his vehicle; Atkins was the sole occupant and had a prior felony conviction.
- He was charged and found guilty by a jury of unlawfully possessing a weapon as a felon under 720 ILCS 5/24-1.1(a).
- Before trial, Atkins moved to suppress evidence obtained during the search, but the court found probable cause and denied the motion.
- Atkins was sentenced to 26 months' imprisonment and appealed the conviction, raising a facial constitutional challenge to the statute under the Second Amendment based on the Bruen decision.
- He argued that the felon-in-possession statute is inconsistent with historical firearm regulations, as newly interpreted by recent Supreme Court jurisprudence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of felon-in-possession law | Atkins: Law violates Second Amendment on its face (post-Bruen). | State: Law is constitutional, consistent with history/tradition. | Statute is constitutional; conviction affirmed. |
| Applicability of Bruen to felons | Atkins: Plain text of Second Amendment covers all, including felons | State: Bruen applies to law-abiding citizens, not felons. | Bruen does not apply to felons; law-abiding citizens only. |
| Historical support for status-based bans | Atkins: No founding-era tradition for permanent bans on felons. | State: Historical tradition allows legislature to disarm felons. | There is historical basis for status-based firearm restrictions. |
| Distinction between violent/nonviolent felons | Atkins: Law makes no distinction, imposes total ban on all felons. | State: Constitutionality extends to nonviolent and violent felons. | No such distinction required, statute applies to all felons. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (recognized individual right to possess firearms, subject to longstanding prohibitions)
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (incorporated Second Amendment right to states)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (U.S. 2022) (set new standard for evaluating firearm regulations under Second Amendment)
- United States v. Rahimi, 602 U.S. _ (U.S. 2024) (reaffirmed constitutionality of laws prohibiting felons and those mentally ill from possessing firearms)