People v. Brisco

Illinois Appellate Court
Criminal Court
Evidence
Citation
Case Number: 
2012 IL App (1st) 101612
Decision Date: 
Thursday, March 29, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 4th Div.
Holding: 
Affirmed; sentence vacated; remanded.
Justice: 
STERBA
Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon (AAUW) and unlawful use of a weapon by a felon. AAUW statute is constitutionally permissible despite its restrictions on right of felons to bear arms, as it is a valid exercise of important governmental interest in protecting health, safety and general welfare of its citizens. State met its burden to prove that Defendant was not an invitee, when he possessed rifle, as an element of offense of AUUW. (FITZGERALD SMITH and PUCINSKI, concurring.)