by Tara A. Fumerton
February 07, 2014
In September, in People v. Aguilar, the Illinois Supreme Court held that Illinois’s blanket prohibition of the concealed carry of a firearm in public in its aggravated unlawful use of weapons (AUUW) statute violated the Constitution’s second amendment, but that the portion of Illinois’s unlawful possession of a firearm statute that prohibited the possession of firearms by minors did not. In December, the Court clarified that its holding was limited to the “Class 4” form of the specified AUUW violation, leaving unanswered the question of whether other “classes” of a similar AUUW violation would also be deemed unconstitutional.The Illinois Supreme Court’s ruling came on the heels of the Seventh Circuit’s ruling in Moore v. Madigan, which similarly found that the AUUW’s blanket prohibition on concealed carry of a firearm in public was unconstitutional. The ruling provides insight into the outcome of future challenges to Illinois laws regulating the personal use of firearms.