People v. Gamez

Illinois Appellate Court
Criminal Court
Weapons
Citation
Case Number: 
2017 IL App (1st) 151630
Decision Date: 
Tuesday, September 19, 2017
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
PUCINSKI

Defendant was convicted, in 1996, of unlawful use of a weapon (UUW). The UUW statute under which Defendant was convicted is nearly identical to 2008 aggravated unlawful use of a weapon (AUUW) statute and 2010 UUW statute which Illinois Supreme Court has held are unconstitutional as violating the second amendment because they are overly broad. The 1996 UUW statute is facially unconstitutional and conviction is reversed. (LAVIN and COBBS, concurring.)