2024 IL App (2d) 230017
Ill. App. Ct.2024Background
- Marcus Gross was convicted after a bench trial in McHenry County of (1) unlawful possession of a weapon by a felon, (2) possession of firearm ammunition without a FOID card, and (3) driving with a suspended license (the last count was not at issue on appeal).
- Police stopped Gross after observing him driving a vehicle with a suspended registration; they detected cannabis odor and discovered a locked safe in his car, which contained a magazine and three 9mm rounds.
- The ammunition was traced to his brother, Avalon Gross, who testified it was his, left in the car after a visit to a shooting range, and that Marcus never touched the magazine.
- Gross admitted knowledge of the ammo's presence but claimed he never touched it; he also admitted lacking a FOID card.
- The trial court found Gross guilty on all counts, determining mere knowledge and exclusive access to the vehicle sufficed for possession.
- On appeal, Gross challenged the constitutionality of the felon-in-possession statute and the FOID conviction under one-act, one-crime doctrine and the Second Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether conviction for both FOID and felon possession violates the one-act, one-crime doctrine | Both convictions cannot stand when based on same act | Should vacate less serious offense for same act | Conviction for ammo without FOID card vacated |
| Constitutionality of FOID card statute | FOID Act is constitutional | FOID Act is facially unconstitutional | FOID Act argument mooted by vacatur of FOID conviction |
| Constitutionality of felon-in-possession statute as applied (2nd Amendment) | Statute is constitutional; not protected class | Statute unconstitutional as applied to nonviolent felons | Statute is constitutional; no distinction for nonviolent felons |
| Distinction between violent and nonviolent felons (2A analysis) | No legal/historical basis for distinction | Nonviolent felons should not lose 2A rights | No distinction required; statute upheld |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (established an individual right to bear arms but approved felon prohibitions)
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (incorporated Second Amendment rights against the states)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (U.S. 2022) (established historical-tradition test for Second Amendment cases)
- People v. King, 66 Ill. 2d 551 (Ill. 1977) (sets forth the one-act, one-crime doctrine);