2024 IL App (1st) 230568
Ill. App. Ct.2024Background
- In 2010, Michael Lewis pled guilty to aggravated unlawful use of a weapon (AUUW) for possessing a firearm outside the home while under age 21 and not participating in lawful wildlife activities.
- Lewis received a boot camp sentence, but after violating its terms, was resentenced to four years in prison in 2012.
- In 2023, Lewis filed a petition under section 2-1401 to vacate his conviction, arguing the statute was unconstitutional under the Second Amendment in light of recent case law (Bruen).
- The circuit court denied his section 2-1401 petition, which Lewis then appealed.
- The appellate court addressed whether Illinois's age-based restriction on handgun possession outside the home is unconstitutional under Bruen's historical analysis framework.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of AUUW statute § 24-1.6(a)(1), (a)(3)(I) (ban on handgun possession by persons under 21 outside the home except for wildlife activities) under Second Amendment and Bruen | Lewis: Ban is facially unconstitutional; not consistent with U.S. historical firearm regulation tradition per Bruen | State: Precedent supports age restriction; statute is consistent with historical tradition; prior courts upheld similar bans | The statute is not unconstitutional; restriction is supported by historical tradition; conviction affirmed |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (established that the Second Amendment protects an individual's right to possess firearms for self-defense)
- McDonald v. City of Chicago, 561 U.S. 742 (U.S. 2010) (applied Second Amendment protections to the states)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (U.S. 2022) (established the historical tradition test for Second Amendment challenges)
- People v. Aguilar, 2013 IL 112116 (Ill. 2013) (upheld age-based restrictions on firearm possession as historically rooted)
- People v. Mosley, 2015 IL 115872 (Ill. 2015) (held that restrictions on those under 21 are not a core Second Amendment conduct and are historically justified)
- In re Jordan G., 2015 IL 116834 (Ill. 2015) (endorsed age-based firearm restrictions as consistent with history and tradition)