People v. Tolbert

The invitee requirement is an exemption to the offense of aggravated unlawful use of a weapon statute for possessing a handgun while under age 21 that the defendant must raise and prove.  A defendant charged under that statute will avoid criminal liability if the firearm was carried while on the land or in the legal dwelling of another persona as an invitee with that person's permission. The invitee requirement is not an element of the offense. (GARMAN, FREEMAN, THOMAS, KILBRIDE, KARMEIER, and THEIS, concurring.)