Illinois Supreme Court Confirms Old Illinois Gun Law Unconstitutional

By Dean Weingarten

Illinois Supreme Court Confirms Old Illinois Gun Law Unconstitutional
Illinois Supreme Court Confirms Old Illinois Gun Law Unconstitutional
Dean Weingarten
Dean Weingarten

Arizona – -(Ammoland.com)- The Illinois has reconfirmed its ruling from 2013 that a basic Illinois weapon law is facially unconstitutional.  It ruled in People vs Burns that the Aguilar decision stands and was correct.  From courthousenews.com:

While a state may prohibit felons from carrying readily accessible guns despite the Second Amendment – and in fact Illinois has a law forbidding felons from possessing any kind of firearm – the AUUW law applies to everyone.

In reversing the appellate court ruling and vacating the conviction and sentence, Justice Anne Burke wrote for the court: “The offense, as enacted by the Legislature, does not include as an element of the offense the fact that the offender has a prior felony conviction. An unconstitutional statute does not ‘become constitutional’ simply because it is applied to a particular category of persons who could have been regulated, had the Legislature seen fit to do so.

The Legislature may not pass broad laws and leave it to the courts to decide to whom the statute may constitutionally apply, Burke said in the Jan. 22 opinion

It took me a bit to unravel this ruling.  Under the old Illinois law, it was illegal to carry a weapon in public, period.  There was no shall issue concealed carry law.  The law contested in the Illinois Court system was Aggravated Unlawful Use of a Weapon, the AUUW.  That law was ruled unconstitutional under the Second Amendment by the Illinois Supreme Court in 2013 in the People v. Aguilar case.

There is another law, Unlawful Use of a Weapon, the UUW.  The UUW law was changed in 2013 to allow for the exception to carry with a concealed carry license. Here is the exception in the law for people with a concealed carry permit:

  (iv) are carried or possessed in accordance with the Firearm Concealed Carry Act by a person who has been issued a currently valid license under the Firearm Concealed Carry Act.

The addition of the above exception means that the UUW does not suffer from the fatal, unconstitutional, flaw discussed in the Aquilar decision, because there is a legal way to carry weapons for self defense outside the home in Illinois. The Illinois Supreme Court decision was based on the Seventh Circuit Court of Appeals decision in Moore v. Madigan, which ruled that Illinois cannot ban the carry of firearms outside the home for the purposes of self defense.  Because the UUW has the exception for those who have a concealed carry permit, it meets the minimum requirements of the Seventh Circuit decision.

The decision of the Illinois Supreme Court in People vs Burns mostly affirms the decision in Aguilar.  It does not change anything in the UUW.  The AUUW is dead, the UUW is intact.  The invalidation of the AUUW may open up an opportunity for the legislature to reform some more of Illinois’ concealed carry law, which has some silly and stupid restrictions; but it does not invalidate Illinois’ ban on open carry or concealed carry without a license.

c2016 by Dean Weingarten: Permission to share is granted when this notice is included. Link to Gun Watch

About Dean Weingarten;

Dean Weingarten has been a peace officer, a military officer, was on the University of Wisconsin Pistol Team for four years, and was first certified to teach firearms safety in 1973. He taught the Arizona concealed carry course for fifteen years until the goal of constitutional carry was attained. He has degrees in meteorology and mining engineering, and recently retired from the Department of Defense after a 30 year career in Army Research, Development, Testing, and Evaluation.

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ChicagoGuy

Illinois is dead- you are totally correct about the unions in IL. The police unions wanted Duty to Inform w/ criminal penalties, so NRA lobbyist Todd Vandermyde handed it to them on a platter. The only Reps. who opposed DTI on the record were black caucus Reps. Chris Welch, LaShawn Ford & Will Davis. NRA’s good old boy Rep. Brandon Phelps debated Davis on the IL House floor, and Phelps refused to take DTI out of the bill! That’s when you know there’s a rat in the House. Vandermyde was lobbyist for William Dugan, president of the Intl. Union of… Read more »

Vanns40

So, Tex, you may be right but does that mean that the NRA gets a free pass for going along with and even encouraging bad legislation? To further add insult to injury they then come back, every single week, with mailings pleading for money and telling how they’re fighting for you! People have a right to be angry. The way to show that anger is to stop paying NRA dues and start putting that money where it does the most good, with your grassroots organizations.

defaultdotxbe

Your article is not quite accurate, both AUUW and UUW remain intact, as both were amended with the concealed carry exception. It was the old, unamended, AUUW statute that was found unconstitutional in Moore, Aguilar, and now Burns. The current version, with the concealed carry exception, has not been subject to any scrutiny yet.

Max

Couldn’t agree more. It’s become common knowledge that communist unions are just sheep with thicker wool.

Illinois is dead

The problem with Illinois is all the union members in the state. You can sit and have discussions with these guys and they are all for 2nd Amendment rights, but, they are lead around by their noses by their unions and vote for Democrats. Just plain stupid!

TEX

I will never understand why people who live in socialist states like Illinois always blame the NRA for all their problems when it comes to firearms laws ! THESE SAME PEOPLE WHO BLAME THE NRA NEED TO LEARN HOW TO VOTE FOR PEOPLE WHO ARE PRO 2A AND PRO CONSTITUTION ! It’s really not that difficult ! I guess they think it’s just easier to blame the NRA ! If they don’t vote these parasites out of office it will only get worse,if that’s even possible !

ChicagoGuy

Don’t count on NRA contract lobbyist for Illinois Donald Todd Vandermyde to “reform” the HB183 concealed carry law that he wrote with Rep. Brandon Phelps in 2013. Duty to Inform w/ criminal penalties because the anti-gun Chiefs of Police wanted it, criminal penalties of 6 MONTHS or 1 YEAR for all gun-free zones, an unelected Star Chamber review board, plus an unlimited privacy waiver. It couldn’t get any worse. Well actually it can, Vandermyde and Phelps put gun seizure language in the SB836 “improvement” of their garbage carry bill to encourage cops to grab weapons and kill more citizens since… Read more »