Archive for September 2013

Section of Aggravated Unlawful use of Weapons Statute is Unconstitutional

September 30, 2013

A few weeks ago, the Illinois Supreme Court stuck down section a of the unlawful use of weapons act. What they ruled was that since the 7th U. S. Circuit Court of Appeals said Illinois’ law forbidding conceal carry was unconstitutional, it can no longer be a crime in Illinois to carry a loaded, easily accessible gun. This ruling came about even though the new conceal carry law is not yet fully implemented.

The court went on to say that the State can implement “reasonable” regulations within the scope of conceal carry. For example, it will still be a crime to conceal carry without a Firearm Owner’s Identification Card (FOID). This may be difficult to prove in court because a FOID card may be issued from any state. The prosecutors in Illinois only prove that the accused has no FOID card in Illinois. The accused need not prove the existence of a card from a different state. IT’S THE PROSECUTIONS DUTY TO PROVE IT’S CASE ON THE STRENGTH OF IT’S PROOF, NOT THE WEAKNESS OF THE DEFENSE.  That’s what prof beyond a reasonable doubt means.

If you need to speak to a lawyer about this, please call me.