People v. HolmesAnnotate this Case
During a traffic stop, a gun was recovered from a latched compartment in the backseat armrest of defendant's car. The defendant was charged with two counts: aggravated unlawful use of a weapon based on carrying an “uncased, loaded and immediately accessible” firearm in his vehicle (720 ILCS 5/24–1.6) and based on carrying a firearm in a vehicle “at a time when he was not on his own land or in his own abode or fixed place of business” and had “not been issued a currently valid Firearm Owner’s Identification Card.” The jury returned a general verdict of guilty. The Illinois Supreme Court reversed and remanded. A conviction on the first count cannot be upheld because it is undisputed that the gun was contained in a latched compartment. The trial court also erred in refusing to allow the defendant to produce evidence that he had a valid Indiana FOID card. The court declined to sustain the conviction on a lesser included charge of unlawful use of a weapon because it was not clear from the general verdict that the jury concluded that the gun was loaded and accessible.