Defendant, who pled guilty to aggravated unlawful use of a weapon, appealed and challenged the constitutionality of the AUUW statute. Defendant argued that the statute, which prohibits the possession of a gun by 18- to 20-year old individuals who have not been issued a FOID card is facially unconstitutional because it infringes on the right to bear arms for those individuals where their ability to obtain a FOID card is “burdened because of their age,” because they are required to get the consent of their parents. The appellate court rejected this argument, finding that the parental consent requirement did not violate the second amendment under recent precedent and that this was consistent with historical records. (HYMAN and C.A. WALKER, concurring)
Illinois Appellate Court
Criminal Court
Second Amendment