People v. Aguilar

(Modified upon denial of rehearing 12/19/13.) Section 24-1.6(a)(1), (a)(3)(A) of the Illinois aggravated unlawful use of weapons (AUUW) statute, on its face, violates the right to keep and bear arms, as guaranteed by the second amendment to the U.S. Constitution, and as construed by the U.S. Supreme Court in Heller and McDonald cases, which suggest that this right extends beyond the home. Possession of handguns by minors is conduct falling outside scope of second amendment's protection, and thus conviction of Defendant (then age 17) for unlawful possession of a firearm is affirmed. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)