2024 IL App (1st) 230428-U
Ill. App. Ct.2024Background
- Cody Wright pled guilty in 2008 to one count of unlawful use or possession of a weapon by a felon (UUWF) in exchange for a three-year sentence; no direct appeal or withdrawal of plea was pursued.
- In December 2022, Wright filed a petition under section 2-1401 of the Illinois Code of Civil Procedure, arguing his conviction was void because the UUWF statute is facially unconstitutional.
- He relied on both federal (Second Amendment) and state (Illinois Constitution, art. I, § 22) right to bear arms provisions, especially after the U.S. Supreme Court's decision in NYSRPA v. Bruen.
- The circuit court denied the petition, concluding that earlier decisions (notably Aguilar) did not apply to UUWF convictions and the statute was not unconstitutional.
- Wright argued on appeal that newer precedent requires revisiting the constitutionality of banning felons from firearm possession.
Issues
| Issue | Wright's Argument | State's Argument | Held |
|---|---|---|---|
| Constitutionality of UUWF under 2nd Amendment | Statute is facially unconstitutional after Bruen and related cases | Longstanding tradition allows felon firearm bans; Bruen/Heller not upset | UUWF statute is NOT facially unconstitutional under 2nd Amend |
| Applicability to Illinois Constitution | State Constitution broader than U.S.; UUWF exceeds police power | Police power allows such firearm limits; statute proper exercise | UUWF statute proper use of police power; not unconstitutional |
| Waiver of Claims after Guilty Plea | Constitutional issue can be raised at any time—even after guilty plea | Guilty plea waives most defects, including constitutional claims | No waiver for facial constitutional challenge |
| Timeliness of Section 2-1401 Petition | Facial challenge can be brought at any time | Generally, must act within 2 years; exception for void statutes | Challenge allowable since claim is statute is void ab initio |
Key Cases Cited
- District of Columbia v. Heller, 554 U.S. 570 (2008) (Second Amendment protects law-abiding citizens’ right to possess firearms but permits restrictions for felons)
- McDonald v. City of Chicago, 561 U.S. 742 (2010) (Second Amendment incorporated against the states; recognizes felon firearm bans are permissible)
- New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 597 U.S. 1 (2022) (Regulations must conform with historical tradition; establishes new approach to firearms law)
- People v. Davis, 2014 IL 115595 (Facial constitutional challenges are difficult; statute must be wholly invalid otherwise)