Illinois Appellate Court
Criminal Court
Second Amendment
After bench trial conviction, Defendant was sentenced to 5 years for aggravated unlawful use of a weapon (AAUW), and was assessed costs totaling $715. AAUW statute does not implicate fundamental right to possess a loaded handgun in the home for self-protection, thus does not violate Second Amendment, which was not intended to permit a convicted felon to possess, on his person and while on a public street, a loaded handgun. Defendant was improperly assessed fees which can only be imposed upon conviction or supervision for traffic violations. Defendant had previously been convicted of felonies, when DNA assessment requirement was in effect, and thus Defendant need not pay an additional DNA analysis fee. (LAVIN and SALONE, concurring.)