People v. Montyce H.
2011 IL App (1st) 101788
Ill. App. Ct.2011Background
- Respondent Montyce H. (15 years old) was charged in 2009 with four counts: three counts of aggravated unlawful use of a weapon (AUUW) and one count of unlawful possession of a firearm.
- After a December 2009 trial, the court found respondent delinquent on all four counts but entered judgment only on the first count, merging the others.
- In May 2010, respondent was sentenced to 18 months of probation for the AUUW count; the unlawful possession charge judgment was not separately sentenced.
- The charged AUUW statute criminalizes carrying a loaded, uncased, and immediately accessible firearm outside the home; the trial and appellate history centers on whether this violates the Second Amendment.
- Respondent relies on federal cases post-Heller and McDonald to challenge the statute, while Illinois appellate precedent had held the statute constitutional prior to this appeal.
- The court analyzes facial vs as-applied challenges and ultimately treats the challenge as a facial Second Amendment challenge, applying intermediate scrutiny.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does AUUW outside-the-home gun possession violate the Second Amendment? | Heller/McDonald protect home handgun rights; statute infringes. | Statute respects government objective and passes intermediate scrutiny. | No violation; statute passes intermediate scrutiny. |
| What level of scrutiny governs the AUUW statute after Heller and McDonald? | Strict scrutiny required. | Intermediate scrutiny appropriate. | Intermediate scrutiny applies. |
| Is there a viable Illinois constitutional right challenge separate from the federal one? | Illinois Constitution provides broader protection. | Illinois right is not greater than the federal right here; argument waived. | Waived and rejected as unpersuasive. |
Key Cases Cited
- People v. Aguilar, 408 Ill. App. 3d 136 (2011) (AUUW constitutional challenge; intermediate scrutiny favored)
- People v. Dawson, 403 Ill. App. 3d 499 (2010) (AUUW right not extended beyond home)
- People v. Mimes, 2011 IL App (1st) 082747 (2011) (intermediate scrutiny supports AUUW statute)
- People v. Ross, 407 Ill. App. 3d 931 (2011) (reaffirmed intermediate scrutiny approach to AUUW post-Heller/McDonald)