2025 IL App (1st) 231201-U
Ill. App. Ct.2025Background
- Defendant Tavion Hodges was convicted of unlawful use or possession of a weapon by a felon (UUWF) after police recovered a firearm during a traffic stop in Chicago.
- Hodges had a prior felony conviction for aggravated robbery.
- At trial, Hodges testified he did not possess or see the recovered firearm and suggested the police may have planted it.
- The court found him guilty and sentenced him to five years in prison.
- On appeal, Hodges argued that the Illinois UUWF statute is facially unconstitutional under the Second Amendment, especially after the Supreme Court’s recent decision in Bruen.
- The appellate court reviewed the constitutionality of the statute de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of the UUWF statute under Second Amendment | The statute is consistent with long-standing restrictions on felons’ firearm possession | Bruen expanded 2nd Amendment protection to all, including felons; the law is unconstitutional on its face | Statute is constitutional; long tradition of banning felons from possessing guns, law-abiding focus |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (Second Amendment protects law-abiding citizens’ right to possess firearms, but allows restrictions on felons)
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (incorporates Second Amendment against states and reiterates felon restrictions)
- New York State Rifle & Pistol Association, Inc. v. Bruen, 597 U.S. 1 (U.S. 2022) (sets new textual and historical test for firearm regulations, focusing on law-abiding citizens)