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gun transportation ruling

Discussion in 'Politics, Elections & Legislation' started by Patrick Haskins, Apr 8, 2011.

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  1. Patrick Haskins

    Patrick Haskins Member

    Joined:
    Jan 29, 1998
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    Illinois appellate court finally got it right.

    People v. Holmes, No. 109130 (April 7, 2011) Cook Co. (BURKE) Appellate Court reversed.
    Defendant, an Indiana resident, was stopped for traffic violation, and a gun was found in a closed and latched armrest in backseat of vehicle. Defendant was convicted of aggravated unlawful use of a weapon (AAUW), after jury trial. AAUW conviction (under Count I) cannot stand, as Defendant had been charged with carrying an "uncased" firearm, but Defendant's gun was "cased" in the closed armrest. Court erred in refusing to allow Defendant's Indiana handgun permit, and in refusing to instruct jury that Defendant could lawfully carry a firearm in his vehicle on basis of Indiana permit. Thus, Defendant's conviction for AAUW (under Count II) based on not having valid FOID Card cannot stand, as FOID Card Act, which contains exception for those licensed to possess firearm in their resident state, must be read together with AAUW statute. (KILBRIDE, FREEMAN, THOMAS, KARMEIER, and THEIS, concurring; GARMAN, specially concurring.)
     
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