People v. Akins

Illinois Appellate Court
Criminal Court
Possession of Weapons
Citation
Case Number: 
2014 IL App (1st) 093418-B
Decision Date: 
Tuesday, June 17, 2014
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Vacated in part and affirmed in part; modified.
Justice: 
PIERCE
(Modified upon denial of rehearing 7/15/14.) Defendant was convicted, after bench trial, of aggravated unlawful use of a weapon (AUUW). Defendant's conviction for possession of a weapon on the public way should be vacated pursuant to Illinois Supreme Court's opinion in People v. Aguilar because it concerns possession of an uncased, loaded and immediately accessible firearm while outside of the home. FOID requirement does not violate second amendment under rationale of Aguilar because it denies those of ages 18 to 20 their right to bear arms.(SIMON and LIU, concurring.)