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 under 720 ILCS 5/24-1(a)(4) (West 1996) for possessing a firearm in a vehicle and received 15 months’ conditional discharge.
- In March 2014 Gamez filed a section 2-1401 petition seeking vacatur of the 1996 conviction, relying on Moore v. Madigan and People v. Aguilar, which had invalidated similar Illinois statutes.
- The trial court denied the 2-1401 petition, finding Moore inapplicable because the 1996 statute was not a comprehensive ban and Aguilar inapplicable because Gamez was not convicted under the aggravated statute.
- On appeal the State conceded the 1996 UUW statute was unconstitutional under the reasoning of Moore and Aguilar.
- The appellate court compared the 1996 statute’s elements to the statutes invalidated in Moore and Aguilar and concluded the 1996 statute was an even broader ban on possession of firearms outside the home.
- The court held the 1996 statute facially unconstitutional and vacated Gamez’s conviction and sentence as void ab initio.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the 1996 UUW statute (720 ILCS 5/24-1(a)(4) (West 1996)) is constitutional under the Second Amendment | The State initially argued the holdings in Aguilar were limited and did not automatically invalidate the 1996 statute; on appeal the State conceded unconstitutionality | Gamez argued the 1996 statute is materially identical (and broader) than the statutes invalidated in Moore and Aguilar, so it is unconstitutional | The court held the 1996 UUW statute is facially unconstitutional and vacated the conviction |
| Whether a section 2-1401 petition was a proper vehicle to attack the conviction as void | The State moved to dismiss the 2-1401 petition (procedural challenge) | Gamez used 2-1401 to attack the judgment as void due to a facially unconstitutional statute | The court treated the 2-1401 petition as a proper vehicle for attacking a void judgment and reviewed de novo; relief granted |
Key Cases Cited
- Moore v. Madigan, 702 F.3d 933 (7th Cir. 2012) (held statute banning ready-to-use firearms outside the home violated the Second Amendment)
- People v. Aguilar, 2013 IL 112116 (Ill. 2013) (followed Moore and held Illinois aggravated UUW statute impermissibly banned possession of operable firearms for self-defense outside the home)
- People v. McFadden, 2016 IL 117424 (Ill. 2016) (recognizes that convictions under statutes later held facially unconstitutional are void ab initio)