People v. Burns

This case presents question as to whether Class 2 form of section 24-1.6(a)(1), (a)(3)(A), (d) of aggravated unlawful use of weapon statute violated defendant’s right to keep and bear arms under Second Amendment. Appellate Court, in upholding defendant’s conviction for said offense, initially noted that while Ill. Supreme Ct. held in Aguilar that Class 4 form of said statute was unconstitutional, Ill. Supreme Ct. expressly limited its holding to Class 4 version of said statute. Appellate Court further found that Class 2 form of offense was constitutional, since possession of firearms by felon was circumstance that was outside scope of Second Amendment’s protection.