People v. Hatch, 2020 IL App (2d) 170932-U

Police responded to a 911 report of a potential stolen vehicle. When officers approached, they found Rebecca Luellen driving and Aramis Hatch seated in the front passenger seat.
Officer Ramirez shined a flashlight into the car; as Hatch rolled down the window, the officer observed the pistol grip protruding from Hatch’s jacket pocket. Officers immediately drew sidearms, ordered Hatch out, handcuffed him, seized a loaded .45 Ruger from his jacket, and transported him to the station.
Officers testified at trial that they had no knowledge whether Hatch had a FOID card or any concealed-carry license at the time of the seizure; no license or FOID was recovered on scene.
Defense was precluded by the trial court (relying on People v. Wiggins) from introducing Georgia law or arguing Hatch’s status as a Georgia resident that permits carrying without a formal license.
After a bench trial, Hatch was convicted of two counts of aggravated unlawful use of a weapon (AUUW) — based on lack of a concealed-carry license and lack of a FOID card — and sentenced to jail and probation.
On appeal the Second District addressed only Hatch’s ineffective-assistance claim that counsel should have moved to quash the arrest and suppress the gun and statements; the court reversed both AUUW convictions because the officers lacked probable cause and counsel’s failure to move to suppress was prejudicial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for failure to file motion to quash arrest and suppress evidence	Counsel’s choice was reasonable strategy; officers’ safety concerns justified their actions (relying on Colyar).	Officers arrested Hatch solely because they saw a gun; post-Aguilar mere possession outside the home is not per se illegal; officers had no probable cause or license knowledge; suppression motion would have succeeded and prejudiced outcome.	Court: Counsel ineffective. Arrest lacked probable cause post-Aguilar; motion to suppress would have succeeded; convictions reversed outright.
Statutory exemption / as-applied constitutional challenge to FOID and Concealed Carry Acts	Wiggins controls: nonresident exemption requires a formal out-of-state license; statutes are constitutionally valid as applied.	Hatch: Georgia law permits carrying without a license; he claimed nonresident exemption or as-applied unconstitutionality.	Not reached by appellate court (issue reserved because ineffective-assistance reversal was dispositive).
One-act, one-crime (duplicitous convictions based on same firearm)	State maintained convictions proper under distinct statutory theories.	Hatch argued one conviction should be vacated as duplicative.	Not reached by appellate court (not decided due to reversal on suppression grounds).

People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court striking down statute that categorically banned possession of operable firearm outside the home)
People v. Colyar, 2013 IL 111835 (Illinois Supreme Court discussing Terry stops, protective searches, and officer safety during investigatory encounters)
Strickland v. Washington, 466 U.S. 668 (U.S. Supreme Court establishing two-prong ineffective-assistance standard)
Terry v. Ohio, 392 U.S. 1 (U.S. Supreme Court authorizing brief investigatory stops and limited protective searches)
District of Columbia v. Heller, 554 U.S. 570 (U.S. Supreme Court recognizing individual right to possess a firearm for self-defense)
McDonald v. City of Chicago, 561 U.S. 742 (U.S. Supreme Court holding Second Amendment applies to the states)
Moore v. Madigan, 702 F.3d 933 (7th Cir. recognizing right to carry firearms outside the home and influencing Illinois law)