In re: Jordan G.
Annotate this CaseThe state charged a 16-year-old (Jordan) with three counts of unlawful use of a weapon (AUUW) 720 ILCS 5/24-1.6, and one count of unlawful possession of a firearm (UPF), alleging that he carried in a vehicle an uncased, loaded, and immediately accessible firearm (24-1.6(a)(1), (a)(3)(A)); carried a handgun in a vehicle while under 21 years of age (24-1.6(a)(1), (a)(3)(I)); and carried a firearm in a vehicle without a valid FOID card (24-1.6(a)(1), (a)(3)(C)). The UPF count alleged that Jordan, under 18 years of age, knowingly possessed a firearm of a size which may be concealed upon the person (24-3.1(a)(1). Jordan moved to dismiss, contending that the AUUW statute had been found unconstitutional by the Seventh Circuit in 2012, as violating the second amendment right to bear arms for self-defense outside the home. The circuit court dismissed the AUUW counts, but denied the motion as to the UPF count. The state conceded that one count had been properly dismissed but argued that the remaining counts remained constitutionally valid because they required proof of independent aggravating factors. The Illinois Supreme Court affirmed dismissal of the first count based on section 24-1.6(a)(1), (a)(3)(A), which it found to be facially unconstitutional in 2013; reversed dismissal of charges based on sections 24-1.6(a)(1), (a)(3)(C) and (a)(3)(I), which are severable from the unconstitutional provision.
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