People .v Smith

Defendant was found guilty of armed violence and was sentenced to 18 years in prison. Defendant appealed, arguing that the armed violence statute violated his second amendment right to carry a handgun for self-defense, both facially and as-applied. The appellate court affirmed, finding that defendant’s conduct in which he possessed a controlled substance while simultaneously possessing an operational firearm was not protected under the second amendment. (VAUGHAN and SHOLAR, concurring)