Illinois v. Schweihs
Annotate this CaseIn October 2012, defendant James Schweihs was charged in a five-count indictment with two counts of aggravated unlawful use of a weapon (AUUW), one count of violating the Firearm Owners Identification Card Act (FOID Card Act), and two counts of domestic battery for striking Patricia Schweihs. Relevant to this appeal, count I of the indictment alleged that defendant committed the offense of AUUW by violating section 24-1.6(a)(1), (a)(3)(C) in that defendant knowingly carried or concealed in a motor vehicle a .45-caliber handgun, at a time when he was not on his own land, and at the time he carried it he had not been issued a currently valid FOID card. Count II of the indictment alleged that defendant committed the offense of AUUW by violating section 24-1.6(a)(1), (a)(3)(A) because he knowingly carried or concealed a handgun in a motor vehicle and the handgun was uncased, loaded, and immediately accessible to him at the time. Defendant moved to dismiss the AUUW charges, arguing that the statute violated the second amendment of the United States Constitution. After review of this case, the Illinois Supreme Court held that the statute did not violate the Second Amendment, reversed the circuit court's order which held to the contrary, and remanded this case for further proceedings.
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