People v. Stephens

Illinois Appellate Court
Criminal Court
Second Amendment
Citation
Case Number: 
2024 IL App (5th) 220828
Decision Date: 
Monday, September 30, 2024
District: 
5th Dist.
Division/County: 
Jackson Co.
Holding: 
Affirmed.
Justice: 
McHANEY

Defendant was convicted of unlawful use of a weapon by a felon based on a finding that he knowingly possessed a Taser after previously being convicted of a felony. Defendant appealed his conviction, arguing that it was void because the statute governing the offense is facially unconstitutional under the second amended and/or the Illinois constitution. The appellate court affirmed, finding that the State met its burden of showing that the applicable statute was consistent with the nation’s historical tradition of firearm regulation and that the prohibition of possession of a firearm by citizens was a proper exercise of the state’s police power. (WELCH, concurring and CATES, specially concurring)