This case presents question as to whether trial court properly dismissed defendant’s post-conviction petition that challenged his conviction for unlawful possession of firearm by street gang member, even though defendant argued that unlawful possession of firearm by street gang member statute is unconstitutional, because it impermissibly criminalized defendant’s gang member status in violation of 8th Amendment. Appellate Court, in finding no 8th Amendment violation, held that plain language of relevant statute (720 ILCS section 24-1.8) punished conduct and not defendant’s status as gang member. It also concluded that section 24-1.8 was not triggered by gang membership, because section 24-1.8 concerned only with voluntary associations rather than any status or condition. (Dissent filed.)
Illinois Supreme Court PLAs
Criminal Court
Firearms