People v. Smith

Defendant pled guilty to two counts of unlawful use of a weapon and was ultimately sentenced to three years in prison for violating his probation. Defendant subsequently filed a petition for relief under section 2-1401 of the Code of Civil Procedure seeking to vacate his UUW conviction as a violation of his second amendment rights. The circuit court denied his petition and defendant appealed. The appellate court affirmed, finding that defendant’s facial challenge to section 24-1(a)(7)(ii) of the Criminal Code failed where he did not establish that there was no set of circumstances under which the statute would be valid. (LAVIN and PUCINSKI, concurring)