People v. Burns

Illinois Supreme Court
Criminal Court
Second Amendment
Citation
Case Number: 
2015 IL 117387
Decision Date: 
Thursday, December 17, 2015
District: 
1st Dist.
Division/County: 
Cook Co.
Holding: 
Appellate court reversed.
Justice: 
BURKE

Defendant was convicted, after jury trial, of aggravated unlawful use of a weapon (AUUW).  The offense of AUUW, as set forth in section 24-1.6(a)(1), (a)(3)(A) of the AUUW statute, is facially unconstitutional. As a result, the provision is not enforceable against anyone, including Defendant. (FREEMAN, KILBRIDE, KARMEIER, and THEIS, concurring; GARMAN and THOMAS, specially concurring.)