People v. Montgomery
53 N.E.3d 1084
Ill. App. Ct.2016Background
- Police executed a search warrant at James Montgomery's apartment and recovered three handguns, ammunition, and mail addressed to him; Montgomery admitted ownership of the guns and said they were for protection.
- Montgomery was charged with armed habitual criminal (AHC) counts and unlawful use of a weapon by a felon (UUWF) counts; the bench trial resulted in convictions on all counts.
- The trial court merged counts and sentenced Montgomery to two concurrent seven-year prison terms; he appealed.
- On appeal Montgomery argued the AHC (720 ILCS 5/24-1.7) and UUWF (720 ILCS 5/24-1.1) statutes are facially and as-applied unconstitutional under the Second Amendment because he kept guns in his home for self-defense and his prior felonies were nonviolent.
- The State defended the statutes as longstanding, permissible prohibitions on firearm possession by felons and urged reliance on U.S. Supreme Court and Illinois precedents upholding such bans.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the AHC and UUWF statutes are facially unconstitutional under the Second Amendment | Statutes are valid restrictions on felon possession and do not implicate protected conduct | Statutes are facially invalid because they criminalize possession of firearms for home self-defense | Statutes are not facially unconstitutional; upheld |
| Whether the statutes are unconstitutional as-applied to a felon who kept guns for home self-defense and whose prior felonies were nonviolent | State: no as-applied exception for nonviolent felonies; felon-based bans are permissible | Montgomery: his nonviolent priors and home-defense motive make application unconstitutional | As-applied challenge rejected; no exception for nonviolent felonies and statutes valid as applied |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (recognizes individual right to armed self-defense in the home but states the Second Amendment is not unlimited and does not cast doubt on longstanding prohibitions on felons possessing firearms)
- McDonald v. City of Chicago, 561 U.S. 742 (incorporates Second Amendment protections against states and reiterates Heller's assurance regarding felon prohibitions)
- People v. Aguilar, 2013 IL 112116 (Illinois Supreme Court endorses Heller's view that prohibitions on felon possession are not cast into doubt)
- People v. Davis, 408 Ill. App. 3d 747 (applies intermediate scrutiny but upholds UUWF and AHC statutes on face and as-applied review)
- People v. Ross, 407 Ill. App. 3d 931 (holds AHC statute is a permissible restriction on Second Amendment rights)