People v. Mosley
Annotate this CaseChicago police officers received a call about a person with a gun in a park. Arriving, officers approached defendant, 19 years old. He walked away. The officers demanded that defendant stop, but he ran. Officers pursued defendant, noticing his hand was on his right waist. An officer witnessed defendant reach inside his waistband and pull out a revolver, which he dropped to the ground. Officers recovered the weapon and found that it was loaded. Defendant was convicted of six counts of violating the aggravated unlawful use of a weapon (AUUW) statute (720 ILCS 5/24-1.6) The court held that, due to its findings of statutory unconstitutionality, facially and as applied, all six AUUW convictions would be vacated and a conviction of unlawful use of a weapon under 720 ILCS 5/24-1(a)(4) would be entered, and imposed a Class A misdemeanor sentence. The Illinois Supreme Court affirmed as to sections 24-1.6(a)(1), (a)(3)(A), and 24-1.6(a)(2), (a)(3)(A) “the firearm possessed was uncased, loaded and immediately accessible at the time of the offense,” but reversed as to sections 24-1.6(a)(1), (a)(3)(C), and 24-1.6(a)(2), (a)(3)(C), “the person possessing the firearm has not been issued a currently valid … [FOID Card] … the person possessing the weapon was under 21 years of age, which it found to be constitutional and severable. Section 24-1.6(d)(2) (sentencing) was invalid, as relying upon the unconstitutional (a)(3)(A) subsection.
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