2024 IL App (1st) 230569
Ill. App. Ct.2024Background
- Jeremaine Kelley was convicted of being an armed habitual criminal (AHC) after police observed him in possession of a firearm while on parole and having prior felony convictions.
- The AHC statute prohibits possession of a firearm by persons with two or more specified prior felony convictions.
- At trial, the evidence showed Kelley had multiple prior felony and misdemeanor convictions, including violent offenses, and he did not possess a FOID card or concealed carry license.
- Kelley challenged his conviction on constitutional grounds, asserting the AHC statute violates both the Second Amendment of the U.S. Constitution and Article I, Section 22 of the Illinois Constitution.
- The circuit court rejected Kelley’s arguments and upheld the conviction. Kelley appealed, contending the statute is facially and as-applied unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of AHC statute under Second Amendment | Kelley: AHC statute bans firearms for felons with no historical justification, violating Second Amendment rights. | State: Supreme Court precedent and history permit bans on felons possessing firearms. | Statute is constitutional; Second Amendment applies to law-abiding citizens. |
| Constitutionality of AHC statute under Illinois Const., Art. I, Sec. 22 | Kelley: Illinois Constitution protects a broader right by using “individual citizen.” | State: Illinois’s arms right is still subject to police power and excludes felons. | Statute is constitutional under the Illinois Constitution. |
| As-applied challenge to AHC statute | Kelley: No historical basis for permanent status-based revocation of rights; conviction not justified. | State: Kelley was on parole, not law-abiding, with violent criminal history. | As-applied challenge fails due to ongoing unlawful conduct and parole status. |
| Weight of Supreme Court dicta on felon bans | Kelley: Heller and Bruen’s comments on felon bans are dicta and not binding. | State: Judicial dicta from Supreme Court entitled to great weight unless erroneous. | Dicta in Heller/Bruen given substantial weight and support the statute. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (recognizes long-standing prohibitions on the possession of firearms by felons)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (holds Second Amendment right is fundamental and applies to the states)
- New York State Rifle & Pistol Ass'n v. Bruen, 597 U.S. 1 (2022) (confirms Second Amendment guarantees for law-abiding citizens and stresses historical analysis)
- People v. Jones, 223 Ill. 2d 569 (Ill. 2006) (statutes are presumed constitutional and must be upheld if possible)
- Kalodimos v. Vill. of Morton Grove, 103 Ill. 2d 483 (Ill. 1984) (interpretation of Illinois constitutional right to bear arms and scope of state police power)