2022 IL App (2d) 210590
Ill. App. Ct.2022Background
- On April 11, 2015 police arrested Aramis Hatch after observing a pistol protruding from his jacket while he sat in a parked vehicle; officers seized the gun and seven rounds of ammunition. No FOID card or Illinois concealed-carry license was recovered.
- Hatch was indicted on two counts of aggravated unlawful use of a weapon (AUUW) for possessing a concealed firearm outside the home without a FOID card or concealed-carry license.
- The trial court (relying on People v. Wiggins) granted the State’s motion in limine, barring evidence or argument that Hatch was a Georgia resident entitled to possess firearms under Georgia law.
- After a bench trial Hatch was convicted and sentenced; on direct appeal this court reversed both convictions outright because trial counsel was ineffective for failing to move to quash arrest and suppress the firearm evidence.
- Hatch then petitioned under 735 ILCS 5/2-702 for a certificate of innocence, arguing (primarily) that he was a Georgia resident lawfully allowed to possess firearms there and thus was innocent of the AUUW charges.
- The circuit court denied the petition, finding Hatch failed to prove by a preponderance that he was innocent; the court relied on Wiggins (the FOID nonresident exception applies only where the nonresident obtained a home-state license/registration). This appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper standard for 2-702(g)(3) innocence showing | State: petitioner must prove actual innocence by preponderance; reversal for other reasons (e.g., ineffective assistance) is insufficient | Hatch: appellate reversal (not guilty / acquittal-equivalent) and preponderance standard suffice; court demanded "actual innocence" standard | Court: applied correct statutory preponderance/"actual innocence" inquiry; reversal for ineffective assistance does not establish innocence; petition fails |
| Effect of Aguilar (statutory invalidation) on charges | State: Hatch was not convicted under the AUUW subsection invalidated in Aguilar | Hatch: AUUW statute was later held unconstitutional so his acts were not crimes | Court: Hatch was convicted under different AUUW subsections (FOID / concealed-carry exceptions); Aguilar did not render his convicted subsections void; claim fails |
| Nonresident exemption (Georgia law) / FOID and Concealed Carry exceptions | State: Hatch offered no record proof he was a Georgia resident or that Georgia granted a formal license/registration; Wiggins holds FOID exception requires a home-state license/registration | Hatch: as a Georgia resident he was allowed to possess firearms under Georgia law and thus exempt from Illinois FOID / concealed-carry requirements | Court: Hatch forfeited meaningful argument and produced no admissible Georgia authority; Wiggins controls (exception requires official home-state license/registration); petition denied |
Key Cases Cited
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court decision invalidating categorical ban on firearm possession outside the home)
- People v. McFadden, 2016 IL 117424 (Illinois Supreme Court discussing scope of lawful firearm possession outside the home and regulatory limits)
- Berron v. Illinois Concealed Carry Licensing Review Bd., 825 F.3d 843 (7th Cir.) (upholding concealed-carry licensure requirement under Second Amendment analysis)
- Betts v. United States, 10 F.3d 1278 (7th Cir.) (noting a certificate of innocence primarily enables civil damages claims)