Illinois Appellate Court
Criminal Court
Second Amendment
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.)