By otmseo on February 22, 2015
Court finds Mandatory Prison for Gun Possession Unconstitutional
Chicago – The Illinois Supreme Court finally issued its opinion addressing a number of aspects of the Illinois Aggravated Unlawful Use of a Weapon Statute, 720 ILCS 5/24-1.6. The Court found most importantly the mandatory prison sentencing provision unconstitutional under section (d)(2).
Accepting an argument that I advanced in my representation of clients charged with AUUW, the Court agreed that since subsection (a)(3)(A) was held unconstitutional, the sentencing provision that requires mandatory prison based on section (A) was also unconstitutional.
Simply put, the Court found that the section of the AUUW statute which was previously found to be unconstitutional could not be used as a basis for mandatory imprisonment.
See People of the State of Illinois v. Mosley, 2015 IL 115872,
For more information on defense of unlawful use of a weapon and gun charges contact Michael C. Rosenblat.