Articles Tagged with UUW

Published on:

Cgun-and-bullets-1146529-shicago – The Illinois Supreme Court finally issued its opinion addressing a number of aspects of the Illinois Aggravated Unlawful Use of a Weapon Statute, 720 ILCS 5/24-1.6.  The Court found most importantly the mandatory prison sentencing provision unconstitutional under section (d)(2).

Accepting an argument that I advanced in my representation of clients charged with AUUW, the Court agreed that since subsection (a)(3)(A) was held unconstitutional, the sentencing provision  that requires mandatory prison based on section (A) was also unconstitutional.

Simply put, the Court found that the section of the AUUW statute which was previously found to be unconstitutional could not be used as a basis for mandatory imprisonment.

Published on:

Center Console of a car is a “Case” under weapons statutes

Court finds that a gun placed in the center console of a car is “encased” for purposes of the aggravated unlawful use of a weapon statute.

In People v. Harris, 2012 IL App (1st) 100077, Harris was charged with carrying a loaded uncased firearm in a vehicle and related charges.  In another case, People v. Holmes, 241 Ill. 2d 509 (2011), the Illinois Supreme Court held that a backseat armrest which contained a cover and latch fell within the definition of “case” under the UUW statute.  Thus the court here found that the gun Harris had in the center console of his car was encased and that conviction was reversed.