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drylok
October 8th, 2009, 3:18 pm
Here's the link to the case:
http://www2.pjstar.com/images/uploads/3070016.pdf

Below is the decision from the court:
In a unanimous opinion (written by a Chicago judge, no less), the Illinois Supreme Court in People v. Diggins No. 106367, has held:


"Section 24-1.6{c}{iii} of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon is “unloaded and enclosed in a case, firearm carrying box, shipping box, or other container by a person who has been issued a currently valid Firearm Owner's Identification Card.' 720 ILCS 5/24-1.6{c}{iii} (West 2006). In the case at bar, we are asked to determine whether the center console of a vehicle is a 'case' within the meaning of this provision. For the reasons that follow, we conclude that it is."

Dr. Funkenstein
October 8th, 2009, 3:34 pm
Weird.

How could one be charged with unlawful USE of a firearm if it's just stored in the center console? I can see unlawful concealing of a weapon (if the state has that law), but unlawful USE?

drylok
October 8th, 2009, 4:23 pm
Weird.

How could one be charged with unlawful USE of a firearm if it's just stored in the center console? I can see unlawful concealing of a weapon (if the state has that law), but unlawful USE?

That's just an example of how screwed up our state is. In fact until just this summer one could not carry a firearm on his person if he was in the home of a friend or family. We got that changed, now this and next week some people are meeting to negotiate on the carry bill we introduced last winter. Times they are a chang'n in Ill Annoy!

sisyphus
October 8th, 2009, 6:05 pm
That's just an example of how screwed up our state is. In fact until just this summer one could not carry a firearm on his person if he was in the home of a friend or family. We got that changed, now this and next week some people are meeting to negotiate on the carry bill we introduced last winter. Times they are a chang'n in Ill Annoy!

Another example of how bad things are here;
A guy I know borrowed a car from his uncle (a hunter) and after being stopped for a taillight being burnt out, he was arrested (and later convicted) of unlawful use when the traffic cop found a stray bullet rolling around under the drivers seat.

drylok
October 9th, 2009, 11:58 am
Another example of how bad things are here;
A guy I know borrowed a car from his uncle (a hunter) and after being stopped for a taillight being burnt out, he was arrested (and later convicted) of unlawful use when the traffic cop found a stray bullet rolling around under the drivers seat.

Could you show me that case? That is unbelievable!