In re the Interest of Jordan G.

Illinois Supreme Court
Civil Court
Second Amendment
Citation
Case Number: 
2015 IL 116834
Decision Date: 
Friday, February 20, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Remanded.
Justice: 
THEIS
Respondent, age 16, was charged under Juvenile Court Act with three counts of Aggravated Unlawful Use of a Weapon (AUUW) statute and one count of unlawful possession of a firearm. Illinois Supreme Court's holding in Aguilar case, that age-based restrictions on right to keep and bear arms are historically rooted, applies equally to persons under age 21. Charges based on Class 4 form of Section 24-1.6(a)(1), (a)(3)(A) of AUUW statute are dismissed as facially unconstitutional per Aguilar decision. Sections 24-1.6(a)(1), (a)(3)(C) and (a)(3)(I) of AUUW statute are constitutional and severable from unconstitutional provision of statute.(GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and BURKE, concurring.)