section 24 unlawful use of weapons (Illinois) · Go Syfert
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section 24 unlawful use of weapons in Illinois

8 Illinois opinions name it 1 courts 1971–2009 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
People v. Emsgreen
illappct · 1980 · cited in 1 Illinois opinions naming this issue, 2009–2009
1 sentence

2009A shotgun is a type of firearm, which is “any device by whatever name known, which is designed to expel a projectile or projectiles by the action of an explosion, expansion of gas or escape of gas.” 1 430 ILCS 65/ 1.1 (West 2006); 720 ILCS 5/2 — 7.5 (West 2006); People v. Ems, 81 Ill.

11
People v. Frieberggreen
ill · 1992 · cited in 1 Illinois opinions naming this issue, 2006–2006
1 sentence

2006“It is the jury’s function to determine the accused’s guilt or innocence, and this court will not reverse a conviction unless the evidence is so improbable as to justify a reasonable doubt of defendant’s guilt.” People v. Frieberg, 147 Ill. 2d 326, 359 (1992).

11
Gerrity v. Beattygreen
ill · 1978 · cited in 1 Illinois opinions naming this issue, 1981–1981
2 sentences

1981See Gerrity v. Beatty (1978), 71 Ill. 2d 47, 51 , 373 N.E.2d 1323, 1325 , holding that section 24 — 24 represents “a legislative determination that the orderly conduct of the schools and the maintenance of a sound learning atmosphere require that • * * [a] teacher [have] disciplinary and supervisory authority similar to that which exists between parent and child.” Perhaps as enlightening as the language the legislature chose to use in section 24 — 24 is the language that it chose to avoid.

1981See Gerrity v. Beatty (1978), 71 Ill. 2d 47, 51 , 373 N.E.2d 1323, 1325 , holding that section 24 — 24 represents “a legislative determination that the orderly conduct of the schools and the maintenance of a sound learning atmosphere require that • * * [a] teacher [have] disciplinary and supervisory authority similar to that which exists between parent and child.” Perhaps as enlightening as the language the legislature chose to use in section 24 — 24 is the language that it chose to avoid.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
People v. Greene green
ill · 1983
2 sentences

2001The court stated that “the reference in section 24 — 1(a)(7) to ‘explosive substance’ indicates that it was the intent of the legislature in adopting this particular section to cover devices such as bombs, bombshells, grenades or bottles containing explosive substances” and that “the devices intended to be prohibited by this provision of the statute are those containing explosive material.” Greene, 96 Ill. 2d at 338 .

2001The court stated that "the reference in section 24--1(a)(7) to 'explosive substance' indicates that it was the intent of the legislature in adopting this particular section to cover devices such as bombs, bombshells, grenades or bottles containing explosive substances" and that "the devices intended to be prohibited by this provision of the statute are those containing explosive material." Greene , 96 Ill. 2d at 338 .

22001–2001
People v. Hobbs green
ill · 1981
2 sentences

1982Stat. 1979, ch. 38, par. 1005 — 5—3.2(b) (1).) Defendant argues that using his previous 1976 felony conviction for robbery to charge him with the unlawful use of weapons under section 24 — 1(b) of the Criminal Code, which thus enhances the offense from a misdemeanor to a felony, and again using the same prior felony to impose an extended-term sentence under section 5 — 5—3.2(b) of the Unified Code of Corrections, constitutes double enhancement, prohibited by the decision of People v. Hobbs (1981), 86 Ill. 2d 242 , 427 N.E.2d 558 .

1982Stat. 1979, ch. 38, par. 1005 — 5—3.2(b) (1).) Defendant argues that using his previous 1976 felony conviction for robbery to charge him with the unlawful use of weapons under section 24 — 1(b) of the Criminal Code, which thus enhances the offense from a misdemeanor to a felony, and again using the same prior felony to impose an extended-term sentence under section 5 — 5—3.2(b) of the Unified Code of Corrections, constitutes double enhancement, prohibited by the decision of People v. Hobbs (1981), 86 Ill. 2d 242 , 427 N.E.2d 558 .

11982–1982
People v. Love neutral
illappct · 1978
1 sentence

1979This holding was found controlling in People v. Love (1st Dist. 1978), 63 Ill.

11979–1979
Tidwell v. Smith green
illappct · 1965
1 sentence

1971Such use of section 24 is not within the intent and purpose of the legislature.” In the case at bar, as in Tidwell, supra, the suit was filed within a few days before the running of the statute of limitations but unlike Tidwell, the defendant at bar was not served with process in the initial suit.

11971–1971

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