People v. Robinson
964 N.E.2d 551
Ill. App. Ct.2011Background
- Robinson, a felon, was convicted of unlawful use of a weapon by a felon (UUW) after a bench trial.
- Police executed a search warrant at 4818 South Hermitage in Chicago and found a handgun in the stove.
- A box of 50 live .32-caliber rounds was recovered from a kitchen cabinet.
- A bag of cocaine was recovered from near the back bedroom; a file cabinet contained clothing, money, and cocaine residue.
- Defendant admitted having one gun; police collected testimony from officers and conducted forensic testing.
- The court sentenced Robinson to 5½ years, and on appeal he challenged the UUW statute under the Second Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of UUW under the Second Amendment | People argues UUW constitutional despite Heller/McDonald. | Robinson argues UUW violates the right to bear arms, especially in the home. | UUW constitutional on face and as applied; no Second Amendment violation. |
| Whether Kalodimos v. Morton Grove should be reconsidered | Robinson urges reexamination in light of Heller/McDonald. | Kalodimos should remain controlling; Aguilar refused reexamination. | Court declines to revisit Kalodimos. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (2008) (upheld core self-defense handgun right in home; recognized felon prohibitions)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (incorporation of Second Amendment; supports regulation of felons)
- Kalodimos v. Village of Morton Grove, 103 Ill.2d 483 (1984) (rational basis upholds handgun prohibition; binding in Illinois)
- People v. Davis, 408 Ill.App.3d 747 (2011) (upholds UUW/AUUW constitutional restrictions; felon firearm prohibitions)
- Ross v. People, 407 Ill.App.3d 931 (2011) (intermediate scrutiny applied to AUUW; supports constitutional restraint)