People v. Green

Illinois Appellate Court
Criminal Court
Weapons
Citation
Case Number: 
2018 IL App (1st) 143874
Decision Date: 
Thursday, June 14, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 2d Div.
Holding: 
Reversed.
Justice: 
MASON

(Correcting summary.) Defendant, a security guard with a valid FOID card, was convicted of unlawful use of a weapon (UUW) as a felony, as the school zone provision enhanced the misdemeanor UUW.  Defendant was observed wearing a holstered firearm within 1,000 feet of a school, and was charged with UUW for carrying a loaded, accessible firearm while on a public street and while in a vehicle. The pre-2015 version of the UUW statute, which prohibits possession of a firearm within 1000 feet of a school, and under which Defendant was convicted, is facially unconstitutional. (NEVILLE and HYMAN, concurring.)