In this case, the defendant entered a negotiated plea to Unlawful Use of a Weapon within 1000 feet of a park where the State dismissed other charges. The defendant subsequently filed a post-conviction petition asking for a declaration that this statute violated the Second Amendment. The Kane County Circuit Court judge agreed and dismissed the charge, leading to the State taking a direct appeal to the Illinois Supreme Court.
The Illinois Supreme Court, after discussing the history of Second Amendment jurisprudence from the United States Supreme Court, various federal Circuit Courts of Appeal, and the Illinois Supreme Court’s past cases, concluded that the statute is unconstitutional. The Court found the State’s justifications for the statute to be sorely lacking.
The case is necessary reading if defense counsel is contemplating how to challenge another gun statute that’s still on the books.
The case is People v. Julio Chairez.