2025 IL App (1st) 231566
Ill. App. Ct.2025Background
- Zarriel Trotter was arrested after police saw him alter his walking path and attempt to conceal himself behind another individual while grasping an object in his coat pocket.
- Upon police approach, Trotter ran, ultimately throwing a loaded firearm over a fence before being detained and arrested.
- At trial, it was stipulated that Trotter did not have a valid Firearm Owner’s Identification (FOID) card or a Concealed Carry License (CCL) at the time of the offense.
- Trotter was convicted of aggravated unlawful use of a weapon (AUUW) under Illinois statutes requiring a valid FOID card and CCL to possess and carry a loaded firearm.
- On appeal, Trotter challenged the constitutionality of the statute in light of Supreme Court precedent and objected to the admission of “generalized profile evidence” regarding police suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of AUUW statute under Bruen | Statute is constitutional as a "shall-issue" regime supported by precedent | Statute is facially unconstitutional under Bruen, restricting 2A self-defense | AUUW statute is not facially unconstitutional; "shall-issue" regime is permissible |
| Admissibility of "generalized profile evidence" | Officer’s context provided rationale for behavior, minimally prejudicial | Testimony was irrelevant, improper profile evidence | Admission was at most harmless error given overwhelming other evidence |
Key Cases Cited
- People v. Rizzo, 2016 IL 118599 (heavy burden to rebut presumption of constitutionality)
- People v. McFadden, 2016 IL 117424 (facially unconstitutional statutes are void ab initio)
- People v. Williams, 204 Ill. 2d 191 (dicta of higher courts is binding on lower courts)