People v. Burns, 2015 IL 117387 (December). Episode 119 (Duration: 6:54)
This 10 year AUUW conviction is reversed because Aguilar struck down the statute facially notwithstanding the defendant’s felony history.
Defendant was charged under the exact section ruled unconstitutional by People v. Aguilar, 2013 IL 112116 (September 2013).
See also last month’s case (People v. Williams, 2015 IL 117470 (November 2015).) to see the exact sections we are talking about here:
However, defendant was sentenced as a class X offender because of his prior felony history. The appellate court sustained the conviction because it noted that Aguilar commented on allowing gun convictions against felons.
The Illinois Supreme Court reversed.
The Illinois Supreme Court noted that the the legislature is indeed free to create gun laws against felons and minors as they have done. However, this defendant was charged with a statute declared void. His criminal history doesn’t matter when they chose to charge him under an unconstitutional crime.
The State should have charged him under 720 ILCS 5/24-1.1 – AUUW Felon.
To help get a handle on Illinois Gun Laws see also:
- People v. Whalum, 2014 IL App (1st) 110959 (September 2014)
- People v. Mosley, 2015 IL 115872 (February 2015)
- The Unlawful Use of a Weapon by a Felon Notice Requirement Under 725 ILCS 5/111-3(c) Doe Not Exist
- Illinois Gun Laws Are a Big Mess
- AUUW Gun Conviction Vacated in the 4th District under Aguilar Even When Defendant Was a Felon!
- More Illinois Sentencing Gases