People v. Gamez
2017 IL App (1st) 151630
| Ill. App. Ct. | 2017Background:
- In October 1996 Jose Gamez pleaded guilty to unlawful use of a weapon for knowingly possessing a firearm in a vehicle while not on his land, abode, or fixed place of business (720 ILCS 5/24-1(a)(4) (West 1996)) and received 15 months’ conditional discharge.
- In March 2014 Gamez filed a section 2-1401 petition seeking vacatur of the 1996 conviction, arguing the statute was unconstitutional under later decisions.
- The trial court denied the petition, reasoning the 1996 statute was not a comprehensive ban on carrying outside the home like the statutes addressed in Moore and that Aguilar did not apply because Gamez was not convicted under an aggravated statute.
- Gamez appealed; the State conceded the 1996 UUW statute was unconstitutional under the reasoning of Moore v. Madigan and People v. Aguilar.
- The appellate court compared the 1996 statute to the later statutes invalidated in Moore and Aguilar and concluded the 1996 statute was broader and therefore facially unconstitutional.
- The court vacated Gamez’s conviction and reversed the trial court’s denial of relief, holding the statute void ab initio.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1996 UUW statute violated the Second Amendment | State conceded statute unconstitutional on appeal | 1996 statute is nearly identical to statutes invalidated in Moore and Aguilar and therefore unconstitutional | Court held the 1996 UUW statute facially unconstitutional and vacated conviction |
| Whether section 2-1401 was a proper vehicle to attack the conviction | State argued Aguilar limited; trial court treated petition as insufficient | Gamez argued section 2-1401 may be used to attack void convictions and presented controlling precedent | Appellate court reviewed de novo and granted relief because statute was void ab initio |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment protects individual right to possess a firearm for self-defense in the home)
- Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (statute banning ready-to-use firearms outside the home violates the Second Amendment)
- People v. Aguilar, 2013 IL 112116 (Ill. 2013) (Illinois statute categorically prohibiting operable firearms outside the home violates the Second Amendment)
- People v. Burns, 2015 IL 117387 (Ill. 2015) (clarifying Aguilar that the AUUW offense was facially unconstitutional in all forms)
- People v. McFadden, 2016 IL 117424 (Ill. 2016) (a conviction based on a statute that is void ab initio must be vacated)