People v. Williams

Circuit court erred in declaring certain sections of the aggravated unlawful use of a weapon (AUUW) statute unconstitutional. The AUUW statute has an additional location element, that the person is knowingly carrying on his person or in any vehicle, outside the home, a firearm without having been issued a valid FOID Card. Thus, the offense of AUUW and a violation of the FOID Card Act are not identical. Tthere can be no proportionate penalty violation, as the location element in AUUW, which is absent from the FOID Card Act, is an additional element that must be proved to establish a violation of AUUW. (GARMAN, THOMAS, KILBRIDE, KARMEIER, BURKE, and THEIS, concurring.)