People v. Robinson
2011 IL App (1st) 100078
Ill. App. Ct.2011Background
- Defendant Bernard Robinson was convicted at a bench trial of unlawful use of a weapon by a felon (UUW) after police recovered a handgun from his home and ammunition from a kitchen cabinet.
- The handgun, a .38-caliber revolver, was found under a stove in the kitchen; 50 rounds of .32-caliber ammunition were in a kitchen cabinet.
- Police also recovered cocaine from a file cabinet and other items tied to the residence; defendant allegedly claimed the gun was his.
- Defendant argued the UUW statute violates the Second Amendment, especially as applied to possession in the home for self-defense.
- The trial court sentenced defendant to 5½ years’ imprisonment; on appeal, the appellate court affirmed, holding the UUW statute constitutional both on its face and as applied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the UUW statute constitutional on its face under the Second Amendment? | Robinson argues the UUW statute infringes the right to bear arms. | State contends the statute is a valid restriction to protect public safety. | Statute constitutional on its face under intermediate scrutiny. |
| Is the UUW statute constitutional as applied to Robinson? | Robinson asserts no improper purpose was shown for his possession. | State need not prove improper purpose for the possession under UUW. | Statute valid as applied; State's enforcement did not violate the Second Amendment. |
| What standard of review applies to post-Heller/McDonald challenges to the UUW statute? | Davis/ Aguilar frameworks may apply rational basis. | Statute should be upheld under intermediate scrutiny given public safety interests. | Intermediate scrutiny is the appropriate standard for this challenge. |
| Should Kalodimos be revisited in light of Heller and McDonald? | Kalodimos may no longer control given new authorities. | Kalodimos remains binding and should not be overruled by lower courts. | Kalodimos not reconsidered; Aguilar supports maintaining its holding. |
Key Cases Cited
- Heller v. District of Columbia, 554 U.S. 570 (U.S. 2008) (defined core Second Amendment protection for home handgun possession and recognized longstanding felon prohibitions.)
- McDonald v. City of Chicago, 130 S. Ct. 3020 (U.S. 2010) (incorporation of the Second Amendment to the states; fundamental right to bear arms in the home.)
- Ross v. Davis, 407 Ill. App. 3d 931 (Ill. App. 2011) (applies intermediate scrutiny to UUW challenge; upholds statute.)
- Aguilar v. Aguilar, 408 Ill. App. 3d 136 (Ill. App. 2011) (discusses Kalodimos and post-Heller/McDonald interpretations.)
- Davis v. State, 408 Ill. App. 3d 747 (Ill. App. 2011) (recognizes constitutionality of felon-in-possession laws under proper scrutiny.)
- Dawson v. State, 403 Ill. App. 3d 499 (Ill. App. 2010) (recognizes statutory context of UUW/AUUW and home possession.)
- Kalodimos v. Village of Morton Grove, 103 Ill. 2d 483 (Ill. 1984) (upheld handgun prohibition under rational basis; discussed subsequent limits.)
- Cates v. Cates, 156 Ill. 2d 76 (Ill. 1993) (dicta weight in inferior courts cited for dicta governance.)
- United States v. Torres-Rosario, 658 F.3d 110 (1st Cir. 2011) (post-Heller/McDonald circuit approach to felon-in-possession laws.)
- Rozier v. United States, 598 F.3d 768 (11th Cir. 2010) (federal circuit upholds firearm-restriction statutes for felons.)