2024 IL App (1st) 230606
Ill. App. Ct.2024Background
- Montrice Avery was convicted after a jury trial of Unlawful Use or Possession of a Weapon by a Felon (UUWF) based on his possession of a firearm in July 2020.
- Avery's conviction was premised on a prior 2012 felony escape from electronic monitoring.
- Police officers testified and provided body camera footage showing Avery possessing and dropping a loaded handgun while fleeing from officers.
- At trial, Avery stipulated to his status as a felon, but the specific nature of the prior conviction was not detailed to the jury.
- On appeal, Avery challenged the constitutionality of the UUWF statute both on its face and as applied to him, relying on Second Amendment arguments stemming from recent Supreme Court cases.
- The appellate court reviewed the trial court's judgment de novo regarding the constitutionality of the statute and ultimately affirmed the conviction.
Issues
| Issue | Avery's Argument | State's Argument | Held |
|---|---|---|---|
| Facial constitutionality of UUWF under Second Amendment | Statute violates Second Amendment per Bruen; applies too broadly. | Statute is constitutional; Bruen applies only to "law-abiding" citizens. | Statute is facially constitutional. |
| As-applied challenge to UUWF statute | Prior convictions do not show Avery is presently dangerous. | Challenge forfeited—was not argued in trial court; insufficient record. | Challenge forfeited as premature. |
| Application of Supreme Court’s Bruen framework | Bruen analysis should disallow blanket felon firearm bans. | Bruen and subsequent cases allow for felon firearm bans; historical basis. | Bruen does not invalidate UUWF statute. |
| Impact of Rahimi decision | Rahimi rejects restriction based solely on status; supports challenge. | Rahimi affirms bans for dangerous individuals, including felons. | Rahimi supports constitutionality of UUWF. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (established individual Second Amendment rights, subject to certain longstanding prohibitions)
- New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (2022) (set new test for evaluating firearm regulations under the Second Amendment)
- United States v. Rahimi, 602 U.S. _ (2024) (upheld constitutionality of prohibiting firearm possession by individuals who pose a credible threat)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (applied Second Amendment to the states through the Fourteenth Amendment)