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View Full Version : Illinois Supreme Court in People v. Holmes: reversed, cause remanded


Window_Seat
04-09-2011, 11:00 AM
Opinion here (http://www.state.il.us/court/Opinions/SupremeCourt/2011/April/109130.pdf), ruled on April 7, 2011.

From what I gather, the backseat armrest, which has a cover and a latch, is considered by definition, a "case" for purposes of the unlawful use of the weapons statute, and that People v. Diggins applies, and that it doesn't necessarily have to have a "lock", or does it still need to have a lock?

Also:

...we find that the exception identified in section 2(b)(10) of the FOID Card Act can be applied to the unlawful use of weapons statute and, therefore, a valid permit or license from another state can substitute for the FOID card requirement in section 24–1.6. Accordingly, we hold that the exception contained in section 2(b)(10) must be incorporated in the unlawful use of weapons act.

Hmmmmm... What effect can this have on Mishaga v. Monken (below in signature line)?

Another interesting part:

Officer McCarthy retrieved the gun, unloaded it, and then handed it to Gonzalez. According to Gonzalez, the armrest was in the down position, but not open. He further testified that defendant’s driver’s seat was “leaned back very far” and that defendant would have access to the armrest.

I can't tell whether it was determined by the court or not that the seat was leaned back very far, or not. Either way, if the center console is considered a case, that part wouldn't matter anyway, or would it?

Discussion?

Erik.

RP1911
04-09-2011, 11:05 AM
Dupe.

Window_Seat
04-09-2011, 11:11 AM
Dupe.

Yes... I just found it... :rolleyes:

http://www.calguns.net/calgunforum/showthread.php?t=418677

Liberty1
04-09-2011, 11:13 AM
Sounds like the SCOI just said out of state licenses/permits = FOIA.

Window_Seat
04-09-2011, 11:48 AM
Mods, can this be combined with the above :dupe: link, please?

Erik.