People v. Villareal

Defendant pled guilty to unlawful possession of a firearm by a street gang member and aggravated discharge of a weapon. The statute defining the offense of unlawful possession of a firearm by a street gang member (720 ILCS 5/24-1.8) is constitutional under 8th amendment because it does not enhance criminal liability based on mere gang member status. State must prove substantially more than mere gang member status; it must prove specific criminal offenses directly related to or in furtherance of the gang's objectives and thus an explicit nexus is required between illegal firearm possession and gang-related activity. (PIERCE, concurring; WALKER, dissenting.)