Posted on May 30, 2012
Case Information: People v. Aguilar, No. 112116 (Ill., filed May 30, 2012).
At Issue: Challenging Illinois’ law prohibiting the possession of firearms outside one’s home or place of business. People v. Aguilar involves a Second Amendment challenge to an Illinois law prohibiting the possession of firearms outside of one’s home or place of business. The Illinois Supreme Court is reviewing People v. Aguilar, 944 N.E.2d 816 (Ill. App. Ct. 2011), where the court held that the Second Amendment does not protect the right to possess a firearm in public, and that, even if it did, the statute is substantially related to the goals of protecting the safety of law enforcement and the general public. Illinois is the only state that completely prohibits the possession of firearms in public places.
LCPGV’s Brief: Our brief argues that the Second Amendment only protects an in-home right to possess a handgun for self-defense. Should the Illinois Supreme Court conclude that the right does extend outside of the home, however, the brief argues that the law would satisfy any level of review because the carrying of firearms in public places creates serious public safety risks. The brief was joined by the City of Chicago, the Association of Prosecuting Attorneys, the Board of Education of the City of Chicago, and the Major Cities Chiefs’ Association.