People v. Alvarado

Illinois Appellate Court
Criminal Court
Second Amendment
Citation
Case Number: 
2011 IL App (1st) 082957
Decision Date: 
Friday, December 30, 2011
District: 
1st Dist.
Division/County: 
Cook Co.,6th Div.
Holding: 
Affirmed in part and vacated in part.
Justice: 
LAMPKIN
Defendant was convicted, after jury trial, of two counts of aggravated unlawful use of a weapon (AUUW). One conviction, under more general charge, must be vacated, as both convictions were based on same, single act of possession of same revolver. No ineffective assistance of counsel, as counsel elicited testimony from officer consistent with trial strategy, and officer's testimony, that Defendant said a rival gang shot at him, did not open the door to irrelevant and inflammatory testimony about street gangs. AUUW statute's provision prohibiting carrying of handguns by 18- to 20-year-olds when not on own land,abode, or fixed place of business does not violate second amendment, as it contains exceptions for lawful activities such as hunting and target shooting. Statute is reasonably related to goal of reducing threats of armed violence and illegal gang activity. (HOFFMAN and HALL, concurring.)