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Old March 23, 2013, 07:30 AM   #453
Luger_carbine
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Join Date: June 18, 2012
Posts: 379
A portion of Illinois gun law ruled unconstitutional by Cook Co Circuit

I can't find the actual court docs but on 3/15, in the case of People v. Donta Mosley, 12-CR-5646-01, Judge Michael Brown found two provisions of 720 ILCS 5/24-1.6 6(d)(2) unconstitutional.


That is the section on classifying the offense as a felony and a minimum sentence of 1 year:

Quote:
a first offense of aggravated unlawful use of a weapon committed with a firearm by a person 18 years of age or older where the factors listed in both items (A) and (C) of paragraph (3) of subsection (a) are present is a Class 4 felony, for which the person shall be sentenced to a term of imprisonment of not less than one year and not more than 3 years.
The problem with the provision is 2 fold according to Judge Brown, 18-20 year olds aren't allowed to obtain or sign their own FOID cards, under the FOID statute they need a parent or gaurdian to obtain a FOID for them.

I haven't read the opinion yet - I'm not even sure it will ever be available online. But what I think the judge is saying is that a law cannot treat a person as an adult under its sentencing provisions while not treating that same person as an adult under it's other provisions.

Or another way of putting it is that you cannot sentence someone as an adult for failing to comply with a statute, when the statute itself disqualifies their compliance because it doesn't categorize them as an adult.

The second problem with the law according to Judge Brown is that the punishment is disproportionate.

He also makes a general reference in the opinion that the AUUW law is unconstitutional on it's face and as applied.

I don't have the printed decision so I'm not sure what the last comment really means, but there are 2 sections of the law in Illinois

1) Unlawfull Use of a Weapon (UUW)

(720 ILCS 5/24-1) (from Ch. 38, par. 24-1)

2) Aggravated Unlawfull Use of a Weapon (AUUW)

(720 ILCS 5/24-1.6)

It seems that Judge Brown just ruled AUUW uncostitutional which might mean that only the UUW portion of the law remains.

There are provisions under UUW for felonies - such as possesion of a firearm on school property, a courthouse, a place that serves alcohol and some other caveats, but for the most part violating Illinois UUW law in most cases would be only a misdemeanor.
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