2024 IL App (4th) 230428
Ill. App. Ct.2024Background
- Levi T. Burns, previously convicted of a felony, was charged after a video showed him holding firearm ammunition in his home.
- At trial, it was stipulated that Burns was a felon, and the main evidence was a Snapchat video of him possessing ammunition.
- Police, after viewing the video, found Burns at home but no ammunition; later they located the same magazine and ammunition at a friend’s residence.
- The jury found Burns guilty of unlawful possession of a weapon by a felon (UPWF), and he was sentenced to three years in prison.
- On appeal, Burns argued the relevant statutes violated the U.S. and Illinois constitutions, focusing on Second Amendment and state-law grounds.
Issues
| Issue | Burns's Argument | State's Argument | Held |
|---|---|---|---|
| Whether UPWF statute violates Second Amendment | Statute unconstitutional under Bruen for felons | Second Amendment does not protect felons' rights | Statute is constitutional; Bruen inapplicable |
| Whether UPWF statute violates Illinois Constitution, art. I § 22 | Illinois law protects individual citizens, not restricted by police power | Police power allows prohibiting gun possession by felons | Statute valid exercise of police power |
| Whether AUUW predicate conviction violates Second Amendment | FOID/CCL requirements are an undue burden, not historically based | Bruen endorses 'shall-issue' regimes, Illinois requirements allowable | AUUW statute is constitutional |
| Whether AUUW conviction violates Illinois Constitution | Licensing regime outside valid police power | Regulated for safety under broad police power | Statute does not violate constitution |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment protects law-abiding, responsible citizens, longstanding felon prohibitions undisturbed)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (Second Amendment fully applicable to states, affirming Heller)
- New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (Sets test for firearm laws, but reassures validity of longstanding felon prohibitions and 'shall-issue' licensing regimes)