2024 IL App (3d) 220326-U
Ill. App. Ct.2024Background
- Devin Montgomery was charged in Will County, Illinois, with four counts of unlawful use of a weapon by a felon (UUWF), based on possession of a .357 revolver and ammunition while on supervised release and with a prior UUWF conviction.
- At trial, officers testified Montgomery was stopped for a traffic violation, fled from police, and a loaded revolver was found on the driver’s floorboard along with his phone, which contained incriminating text messages about acquiring firearms.
- Montgomery was convicted on all four counts after a bench trial. He challenged the sufficiency of the evidence, the constitutionality of the UUWF statute, and whether his convictions violated the one-act, one-crime doctrine.
- The appellate court addressed whether constructive possession was proven, the constitutionality of felon-in-possession firearm bans post-Bruen/Rahimi, and the propriety of multiple convictions for the same act.
- Presiding Justice McDade dissented, arguing the categorical firearm ban for all felons is unconstitutional if not limited to violent offenders.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of Evidence—Possession | Montgomery knowingly possessed | No proof Montgomery knew of or controlled | Sufficient evidence of constructive possession—conviction affirmed |
| Constitutionality of UUWF Statute | Statute valid under U.S./IL law | Statute violates 2nd Amendment post-Bruen | Statute is facially and as-applied constitutional to violent felons |
| As-Applied Challenge | N/A (responded to constitution) | No violence at time of arrest; nonviolent | Unnecessary to be violent at arrest—Montgomery’s violent felonies suffice |
| One-Act, One-Crime Violation | Agrees convictions overlap | Convictions for same act must be vacated | Two convictions must be vacated; remanded for court to determine which |
Key Cases Cited
- People v. Collins, 106 Ill. 2d 237 (standard for reviewing sufficiency of evidence)
- People v. Jackson, 232 Ill. 2d 246 (factfinder's role in weighing evidence)
- People v. Artis, 232 Ill. 2d 156 (one-act, one-crime doctrine for multiple convictions)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022) (relevant second amendment historical analysis)
- United States v. Rahimi, 602 U.S._, 144 S. Ct. 1889 (2024) (upholding limits on gun possession for dangerous persons)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (individual right to possess firearms)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporating Second Amendment to states)