People v. Chairez

Illinois Supreme Court
Criminal Court
Weapons
Citation
Case Number: 
2018 IL 121417
Decision Date: 
Thursday, February 1, 2018
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Affirmed in part and vacated in part.
Justice: 
KARMEIER

Section 24-1(a)(4), (c)(1.5) of the unlawful use of a weapon (UUW) statute, which prohibits an individual from carrying or possessing a firearm within 1000 feet of a public park, is unconstitutional. As the law functions as a categorical prohibition without providing an exception for law-abiding persons, it is a severe burden on second amendment right of self-defense. The unconstitutional portion of the statute is severable from the remaining portions of statute.  (FREEMAN, THOMAS, KILBRIDE, GARMAN, BURKE, and THEIS, concurring.)