2024 IL App (4th) 240315-U
Ill. App. Ct.2024Background
- Lucas S. Thomas was convicted and sentenced to 19 years after pleading guilty to being an armed habitual criminal under Illinois law due to multiple prior felonies.
- Thomas’s prior convictions included residential burglary and unlawful possession of a weapon by a felon.
- The case arose following law enforcement's discovery of a firearm in Thomas’s possession, including photographic evidence.
- Thomas accepted a plea agreement where the armed habitual criminal charge went forward, while remaining charges were dismissed.
- On appeal, Thomas argued that the Illinois armed habitual criminal statute is unconstitutional under the Second Amendment, referencing U.S. Supreme Court precedent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of Illinois armed habitual criminal statute under Second Amendment | The statute is valid under both precedent and history, and applies to felons, for whom Second Amendment claims are not protected under current law. | The statute violates the Second Amendment on its face post-Bruen and Rahimi, as the right should extend to felons and is not historically shown to be restricted. | The statute does not violate the Second Amendment; restrictions on felons possessing firearms are presumed lawful. |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (U.S. 2008) (upheld Second Amendment right but allowed restriction for felons)
- New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (U.S. 2022) (established historic tradition test for firearm regulations)
- United States v. Rahimi, 602 U.S. _ (U.S. 2024) (upheld ban on firearm possession for those subject to restraining orders, reaffirmed felon prohibition as presumptively lawful)