People v. Harvey

Illinois Supreme Court PLAs
Criminal Court
Firearms
Citation
PLA issue Date: 
March 29, 2023
Docket Number: 
No. 129357
District: 
1st Dist.

This case presents question as to whether record contains sufficient evidence to support defendant’s conviction on misdemeanor charge of unlawful use of weapon, under circumstances where defendant made statement to police that he did not have either firearm owner’s identification card or concealed carry license. Defendant argued that his statement to police, by itself, was not enough to establish required element that he lacked either firearm owner’s identification card or concealed carry license. Appellate Court found that defendant’s admission that he did not have concealed carry license was corroborated by fact that defendant made furtive movement to conceal firearm after officers had activated their emergency equipment. As such, Appellate Court concluded that trial court could properly find that defendant’s furtive movement corroborated his confession, and that he actually lacked concealed carry license so as to support defendant’s conviction. (Dissent filed.)