People v. Robinson

Illinois Appellate Court
Criminal Court
Second Amendment
Citation
Case Number: 
2011 IL App (1st) 100078
Decision Date: 
Friday, December 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co.,5th Div.
Holding: 
Affirmed.
Justice: 
HOWSE
Defendant, who had recently been convicted of possession of controlled substance, was convicted, after bench trial, of unlawful use of a weapon by a felon (UUW). The UUW criminal statute is a constitutionally permissible restriction of second amendment right to bear arms, serves a substantial governmental interest and is proportional to the interest served. The fact that the handgun Defendant possessed was recovered from inside his own home does not change constitutionality of UUW statute, and State did not violate second amendment by enforcing and applying statute as to Defendant. (EPSTEIN and J. GORDON, concurring.)