Illinois --(Ammoland.com)- In two rulings announced on Thursday, the Illinois Supreme Court came down on the side of the Second Amendment and the right to keep and bear arms.
In People v. Aguilar, the IL Supreme Court agreed with the U.S. 7th Circuit Court in Moore v. Madigan that there is a Constitutional right to carry a firearm outside the home for self-defense. In the case of a seventeen year old youth in possession of a handgun while in a friend’s yard, the Court held that there is a Constitutional right to carry a firearm outside the home for self-defense and therefore found that AUUW, for simply having a loaded, uncased firearm when not on your own property or place of business was unconstitutional and reversed Aguilar’s conviction.
However, Aguilar being seventeen at the time of the conviction, the Illinois Supreme Court found that it is constitutional to ban minors from possessing firearms and upheld Aguilar’s conviction under the minor in possession of a firearm statute.
From the ruling:
“In other words, section 24-1.6(a)(1),(a)(3)(A) amounts to a wholesale statutory ban on the exercise of a personal right that is specifically named in and guaranteed by the United States Constitution, as construed by the United States Supreme Court. In no other context would we permit this, and we will not permit it here either.”
Gun Rights Restored After Misdmeanor Domestic Battery Conviction
In Coram v. The State of Illinois, the plaintiff was previously convicted of misdemeanor domestic battery, and therefore, was barred by federal law from possessing a firearm. The plaintiff sued in state court seeking to force Illinois State Police to issue him a FOID based on the argument that the federal ban was unconstitutional.
The downstate judge ruled in plaintiff’s favor finding that the federal ban was unconstitutional and ordering ISP to issue the plaintiff a FOID. ISP appealed and the Illinois Supreme Court affirmed the trial court’s order forcing the ISP to give a FOID to the plaintiff, but the Supreme Court also found that it was unnecessary for the trial court to reach the constitutional question so the Supreme Court overruled that part of the judge’s order that found the federal ban unconstitutional.
The take away from this case is that a person who has been convicted of a misdemeanor domestic battery charge has the opportunity to convince a judge that they are not a danger and should be entitled to regain their right to possess a firearm. If the judge is persuaded, the judge can revest the plaintiff with the right to possess a firearm and order the ISP to issue a FOID card.
Under federal law, if a state has restored the civil rights of a person convicted of misdemeanor domestic violence, then that person is no longer banned by federal law from possessing firearms. So the state judge’s order should be treated under federal law as a restoration of the person’s civil rights, and the federal ban would no longer apply to that person.
The IllinoisCarry forum was started in April 2004. The idea was that Illinois needed a central location to communicate ideas and information regarding 2nd Amendment issues in Illinois. There are many organizations in Illinois working to protect our 2nd Amendment Rights. Working with these groups IllinoisCarry has become the central location for information and Action Alerts. IllinoisCarry will not endorse political candidates. We simply provide information so voters can make informed decisions. Our goal is to join the other 48 states that allow their citizens to carry concealed firearms. We encourage you to register on our forum and join the fight for your 2nd Amendment Rights in Illinois. Visit www.IllinoisCarry.com