Friday, September 13, 2013

IL Supreme Court Kicks MAIG/ICHV/LCAV While They're Down, Leaves Marks

The Illinois Supreme Court says it read Moore v. Madigan and it sides with the 7th Circuit Court of Appeals.  Thus, in People v. Aguilar, the court finds that the 2nd Amendment not only protects the right to keep and bear arms inside your home, but also outside it.  That can't be welcome news if you're still recovering from your cheap-tequila hangover at MAIG headquarters or the ICHV intern desk today.  "The Colorado Thing," as it might delicately be put in the presence of such people, couldn't have been less than a crushing defeat.  They had it figured out!  They just knew it was going to work this time!  That roadrunner can't keep getting away forever!

And then, this.  Now, I'm not personally certain how much impact this will really have on most peoples' lives.  It certainly made a difference in young Mr. Aguilar's life; and I can imagine finding that the main benefit will be to people previously convicted under Illinois' now-defunct Unlawful Use of a Weapon and Aggravated Unlawful Use of a Weapon statutes. 

Less widely reported, probably because it was always an extreme long shot, is the fact that Aguilar also challenged Illinois' "Unlawful Possession of a Firearm" statute.  It was under that law that he was convicted of possessing a handgun while 17 years of age, and despite noting his argument that bearing arms was not limited to 18-year-olds in the colonial/founding era, the court ruled that this one is constitutional.  The case was remanded back to the lower state court for that reason; the lower court has been directed to sentence Aguilar for his UPF conviction, with the provision that they credit him all his time served for the AUUW conviction and also that he cannot be sentenced to a longer term than he would have served for the AUUW conviction, if they'd left it standing.

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