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Discussion in 'Illinois Gun Forum' started by purehavoc, Sep 12, 2013.
"...amended the AUUW statute to allow for a limited right to carry certain firearms in public."
What's this crap?
This is actually a win. I posted about it on my face book page but here is a copy and paste... (You have to understand these cases were in the courts for years, before the CC law was passed).
Two big wins in the Illinois Supreme Court this morning.
In People v. Aguilar, the Illinois Supreme Court held that there is a 2A right to carry a firearm outside the home for self-defense (essentially agreeing with the 7th Circuit's opinion in Moore) and therefore found that AUUW was unconstitutional and reversed Aguilar's conviction. However, the Illinois Supreme Court found that it is constitutional to ban minors from possessing firearms and upheld Aguilar's conviction under the minor in possession of a firearm statute.
In Coram v. The State of Illinois, the plaintiff was previously convicted of misdemeanor domestic battery, and therefore, was barred by federal law from possessing a firearm. The plaintiff sued in state court seeking to force ISP to issue him a FOID based on the argument that the federal ban was unconstitutional. The downstate judge ruled in plaintiff's favor finding that the federal ban was unconstitutional and ordering ISP to issue the plaintiff a FOID. ISP appealed and the Illinois Supreme Court affirmed the trial court's order forcing the ISP to give a FOID to the plaintiff, but the supreme court also found that it was unnecessary for the trial court to reach the constitutional question so the supreme court overruled that part of the judge's order that found the federal ban unconstitutional. The take away from this case is that a person who has been convicted of a misdemeanor domestic battery charge has the opportunity to convince a judge that they are not a danger and should be entitled to regain their right to possess a firearm. If the judge is persuaded, the judge can revest the plaintiff with the right to possess a firearm and order the ISP to issue a FOID card.
Curiously, there is very little news coverage at this point.