What has the new Illinois gun law really changed for people facing gun charges? Not much. A few weeks ago, the Illinois Supreme Court found a specific section of the Illinois Unlawful use of a Weapon statute unconstitutional. 720 ILCS 5/24-1.6
In People v. Aguilar, Docket # 112116, the Illinois Supreme Court found a section of the Aggravated Unlawful use of a Weapon statute unconstitutional because it violated the Second Amendment, section 24-1.6(a)(1), (a)(3)(A). Section (a)(1) generally prohibited carrying a gun on your person or in your vehicle unless you are on your own land, in your own home or business, or you had permission from the owner. While Section (a)(3)(A) made it a crime if the gun is uncases, loaded, and immediately accessible.
Now that section (3)(A) has been found unconstitutional, it will be interesting to see how the Courts address sentencing since Aggravated UUW is non-probationable if the person is over 18 years old and both section (A) and (C) factors are present. Continue reading