Illinois Supreme Court
Criminal Court
Second Amendment
Defendant was found guilty of aggravated unlawful use of a weapon and challenged the constitutionality of the statute under the Second Amendment. Defendant argued that the law was facially unconstitutional because it categorically banned law-abiding citizens from open carrying a handgun in public and enforcing a licensing process that mandates both a concealed carry license and a FOID card. The Illinois Supreme Court affirmed the judgments of the lower courts, finding that the statute’s ban on unlicensed public carried coupled with CCL and FOID card requirements is not facially unconstitutional. (THEIS, NEVILLE, HOLDER WHITE, and CUNNINGHAM, concurring and OVERSTREET, dissenting. O’BRIEN too, no part in the decision)