Following the result of the Seventh Circuit’s holding in Moore v. Madigan, the Illinois Supreme Court issued a unanimous ruling in People v. Aguilar agreeing with the results. From the opinion:
After reviewing these two lines of authorityâ€”the Illinois cases holding that section 24-1.6(a)(1), (a)(3)(A) is constitutional, and the Seventh Circuitâ€™s decision holding that it is notâ€”we are convinced that the Seventh Circuitâ€™s analysis is the correct one. As the Seventh Circuit correctly noted, neither Heller nor McDonald expressly limits the second amendmentâ€™s protections to the home. On the contrary, both decisions contain language strongly suggesting if not outright confirming that the second amendment right to keep and bear arms extends beyond the home. Moreover, if Heller means what it says, and â€œindividual self-defenseâ€ is indeed â€œthe central componentâ€ of the second amendment right to keep and bear arms (Heller, 554 U.S. at 599), then it would make little sense to restrict that right to the home, as â€œ[c]onfrontations are not limited to the home.â€ Moore, 702 F.3d at 935-36. Indeed, Heller itself recognizes as much when it states that â€œthe right to have arms *** was by the time of the founding understood to be an individual right protecting against both public and private violence.â€ (Emphasis added.) Heller, 554 U.S. at 593-94.
Accordingly, as the Seventh Circuit did in Moore, we here hold that, on its face, section 24-1.6(a)(1), (a)(3)(A) violates the right to keep and bear arms, as guaranteed by the second amendment to the United States Constitution. Defendantâ€™s conviction under that section therefore is reversed.