firearm violation (Illinois) · Go Syfert
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firearm violation in Illinois

22 Illinois opinions name it 2 courts 2005–2025 13 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 (11)

CaseFollowedCited
People v. Malonegreen
illappct · 1976 · cited in 2 Illinois opinions naming this issue, 2020–2020
2 sentences

2020Mr. Willingham argues both instructions were inadequate because they failed to specifically name the victim, Mr. Scott. ¶ 63 Jury instructions for attempted murder generally do not specify a victim’s name, “nor is there a place for the victim’s name in the Illinois Pattern Jury Instructions.” People v. Malone, 37 Ill.

2020Mr. Willingham argues both instructions were inadequate because they failed to specifically name the victim, Mr. Scott. 22 No. 1-16-2250 ¶ 63 Jury instructions for attempted murder generally do not specify a victim’s name, “nor is there a place for the victim’s name in the Illinois Pattern Jury Instructions.” People v. Malone, 37 Ill.

22
People v. Guevaragreen
ill · 2005 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015See People v. Guevara, 216 Ill. 2d 533, 542 (2005) (permitting the defendant to challenge for the first time on appeal the 15-year sentencing -4- 1-12-3519 enhancement for home invasion with a firearm as a violation of the proportionate penalties clause when compared to the sentence for another offense); People v. Wright, 194 Ill. 2d 1, 23 (2000) (permitting the defendant to challenge the constitutionality of a records keeping provision of the Vehicle Code for the first time on petition for rehearing).

2015See People v. Guevara, 216 Ill. 2d 533, 542 (2005) (permitting the defendant to challenge for the first time on appeal the 15-year sentencing enhancement for home invasion with a firearm as a violation of the proportionate penalties clause when compared to the sentence for another offense); People v. Wright, 194 Ill. 2d 1, 23 (2000) (permitting the defendant to challenge the constitutionality of a records keeping provision of the Illinois Vehicle Code for the first time on petition for rehearing).

22
People v. Wrightgreen
ill · 2000 · cited in 2 Illinois opinions naming this issue, 2015–2015
2 sentences

2015See People v. Guevara, 216 Ill. 2d 533, 542 (2005) (permitting the defendant to challenge for the first time on appeal the 15-year sentencing -4- 1-12-3519 enhancement for home invasion with a firearm as a violation of the proportionate penalties clause when compared to the sentence for another offense); People v. Wright, 194 Ill. 2d 1, 23 (2000) (permitting the defendant to challenge the constitutionality of a records keeping provision of the Vehicle Code for the first time on petition for rehearing).

2015See People v. Guevara, 216 Ill. 2d 533, 542 (2005) (permitting the defendant to challenge for the first time on appeal the 15-year sentencing enhancement for home invasion with a firearm as a violation of the proportionate penalties clause when compared to the sentence for another offense); People v. Wright, 194 Ill. 2d 1, 23 (2000) (permitting the defendant to challenge the constitutionality of a records keeping provision of the Illinois Vehicle Code for the first time on petition for rehearing).

22
New York State Rifle & Pistol Assn., Inc. v. Bruengreen
scotus · 2022 · cited in 3 Illinois opinions naming this issue, 2024–2025
2 sentences

2025Id. ¶ 14 In this case, defendant was convicted of possessing a firearm in violation of subsections (a)(1), (a)(3)(A-5), and (a)(3)(C) of the AUUW statute.

2025Id. at 2156 . ¶ 13 Here, Norvell was convicted of possessing a firearm in violation of subsections (a)(1) and (a)(3)(C) of the AUUW statute.

13
California v. Acevedogreen
scotus · 1991 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024People v. James, 163 Ill. 2d 302, 312 (1994); see also California v. Acevedo, 500 U.S. 565, 569 (1991). ¶ 28 The State contends that probable cause to arrest turned on Page possessing the extended magazine, not a firearm or standard magazine, which is unlawful in Cook County.

11
People v. Jamesgreen
ill · 1994 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024People v. James, 163 Ill. 2d 302, 312 (1994); see also California v. Acevedo, 500 U.S. 565, 569 (1991). ¶ 28 The State contends that probable cause to arrest turned on Page possessing the extended magazine, not a firearm or standard magazine, which is unlawful in Cook County.

11
People v. Bakergreen
illappct · 2023 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Thus, the constitutionality of disarming felons extends to nonviolent felons. ¶ 85 We find that the regulated conduct under the AHC statute “falls beyond the Amendment’s original scope” because the scope of the second amendment reaches only “law- abiding citizens.” Bruen, 597 U.S. at 31-32 (“It is undisputed that petitioners Koch and Nash— two ordinary, law-abiding, adult citizens—are part of ‘the people’ whom the Second Amendment protects.”), People v. Baker, 2023 IL App (1st) 220328, ¶ 37 (“The Bruen Court could not have been more clear that its newly announced test applied only to laws that

11
People v. Minefeegreen
illappct · 1973 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024App. 3d 322, 324 (1975) (“A bail bond violation occurs even if the underlying charge is later declared invalid.”); People v. Minefee, 14 Ill.

11
People v. Tompkinsgreen
illappct · 1975 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024See 725 ILCS 5/32–10(a-5) (West 2020) (“Any person who knowingly violates a condition of bail bond by possessing a firearm in violation of his or her conditions of bail commits a Class 4 felony for a first violation and a Class 3 felony for a second or subsequent violation.”); see also cases discussing the criminal offense of violation of bail bond—People v. Tompkins, 26 Ill.

11
People v. Hatchergreen
illappct · 2024 · cited in 1 Illinois opinions naming this issue, 2024–2024
1 sentence

2024Thus, the constitutionality of disarming felons extends to nonviolent felons. ¶ 85 We find that the regulated conduct under the AHC statute “falls beyond the Amendment’s original scope” because the scope of the second amendment reaches only “law- abiding citizens.” Bruen, 597 U.S. at 31-32 (“It is undisputed that petitioners Koch and Nash— two ordinary, law-abiding, adult citizens—are part of ‘the people’ whom the Second Amendment protects.”), People v. Baker, 2023 IL App (1st) 220328, ¶ 37 (“The Bruen Court could not have been more clear that its newly announced test applied only to laws that

11
People v. Blairgreen
ill · 2013 · cited in 1 Illinois opinions naming this issue, 2014–2014
1 sentence

2014We reach this conclusion after reviewing the record, in particular, the sentencing hearing. ¶ 31 Defendant was convicted of six counts of armed robbery with a firearm in violation of section 18-2(a)(2) of the Criminal Code (720 ILCS 5/18-2(a)(2) (West 2012)) and, as a Class X offense, carries a sentencing range of 6 to 30 years’ imprisonment (720 ILCS 5/18-2(b) (West 2012); 730 ILCS 5/5-8-1(a)(3) (West 2008)). 1 In addition, armed robbery with a firearm carries a mandatory add-on penalty of 15 years’ imprisonment. 720 ILCS 5/18-2(b) (West 2012); see also People v. Blair, 2013 IL 114122, ¶¶ 27-

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 (12)

CaseCitedYears
People v. Kolton green
ill · 2006
2 sentences

2015To determine whether an uncharged offense is a lesser-included offense of the charged offense, a court first "looks to the allegations in the charging instrument to see whether the description of the greater offense contains a 'broad foundation' or 'main outline' of the lesser offense." Kolton, 219 Ill. 2d at 361 . ¶ 54 Here, the State charged defendant with four counts of home invasion while armed with a firearm in violation of section 12-11(a)(3) of the Criminal Code of 1961 (Code) (720 ILCS 5/12- 11(a)(3) (West 2012)).

2015To determine whether an uncharged offense is a lesser-included offense of the charged offense, a court first “looks to the allegations in the charging instrument to see whether the description of the greater offense contains a ‘broad foundation’ or ‘main outline’ of the lesser offense.” Kolton, 219 Ill. 2d at 361 . ¶ 54 Here, the State charged defendant with four counts of home invasion while armed with a firearm in violation of section 12-11(a)(3) of the Criminal Code of 1961 (Code) (720 ILCS 5/12-11(a)(3) (West 2012)).

22015–2015
People v. Brooks green
illappct · 2023
1 sentence

2024By incurring a felony conviction, even a nonviolent felony conviction, a citizen forever loses the constitutional right to have a firearm for the defense of his person and his house”), People v. Langston, 2023 IL App (4th) 230162-U, ¶ 19 (rejecting the defendant’s request for the court to “interpret ‘law-abiding citizens’ to include those who had been convicted of nonviolent felonies”), Muhammad, 2023 IL App (1st) 230121-U, ¶ 21 (citing Brooks, 2023 IL App (1st) 200435, ¶ 100 ).

12024–2024
People v. Johnson green
illappct · 2024
1 sentence

2024Hence, we affirm. ¶ 23 Affirmed. 7 No. 1-24-0154B People v. Johnson, 2024 IL App (1st) 240154 Decision Under Review: Appeal from the Circuit Court of Cook County, No. 241104752; the Hon.

12024–2024
People v. Burton green
ill · 1998
1 sentence

2023The statute further provides that a violation of subsection (a)(4) is a “Class X felony for which the sentence shall be a term of imprisonment of no less than 10 years and not more than 45 years.” Id. § 24-1.2(b). ¶ 18 Section 3-6-3 of the Unified Code of Corrections dictates how a sentence must be served.

12023–2023
People v. Thompson green
illappct · 2020
2 sentences

2023A forensic scientist with the Illinois State Police testified that “the four fired bullets” from the Harrington shooting and the fired bullet from the Dear shooting were fired from the same firearm; that all six .40 caliber shell casings recovered in the Harrington case were fired from the same firearm; that a .380 caliber bullet and a .40 caliber bullet cannot be fired from the same firearm; and that, without a firearm to test, the fired bullets could not be compared with the shell casings. ¶ 20 The jury found defendant and Davis guilty of the attempted first degree murders of Harrington and

2023Thompson, 2020 IL App (1st) 171265, ¶ 2 .

12023–2023
People v. Ware green
illappct · 2014
1 sentence

2023Id. § 18-2(b); 730 ILCS 5/5-8- 1(a)(3) (West 2012).

12023–2023
People v. Hardin green
illappct · 2012
1 sentence

2022People v. Hardin, 2012 IL App (1st) 100682, ¶ 24 .

12022–2022
People v. Fonder green
illappct · 2013
1 sentence

2022People v. Fonder, 2013 IL App (3d) 120178, ¶ 19 . ¶ 39 Assuming for the sake of argument that the court’s failure to instruct the jury using the complete FOID Act definition of a firearm was error, that error was not a reversible plain error.

12022–2022
People v. Brown neutral
illappct · 2018
1 sentence

2021Id. ¶ 27 Violation of the one-act, one-crime rule occurs when multiple convictions are based on precisely the same physical act.

12021–2021
JL v. State green
fla · 1998
1 sentence

2021The reasonable suspicion here at issue requires that a tip be reliable in its assertion of illegality, not just in its tendency to identify a determinate person.” Id. at 270-72 . ¶ 30 In addition, the Court declined to adopt a firearm exception to Terry.

12021–2021
Strickland v. Washington green
scotus · 1984
1 sentence

2020Id. at 697 . ¶ 46 Defendant asserts that both prongs have been satisfied in this case because there was “no conceivable strategic basis for foregoing” the firearm instruction and the omission was prejudicial since there was no evidence the object used had the attributes of a firearm.

12020–2020
Shepard v. United States green
scotus · 2005
2 sentences

2005Shepard, 544 U.S. at 16-19 , 161 L.

2005Shepard, 544 U.S. at 16-19 , 161 L.

12005–2005

Statutes the citing opinions construe

IL § 725 ILCS 5/122-1 (7) IL § 720 ILCS 5/18-2 (4) IL § 720 ILCS 5/24-1.2 (3) IL § 720 ILCS 5/7-1 (3) IL § 720 ILCS 5/8-4 (3) IL § 730 ILCS 5/5-4.5-25 (3) IL § 730 ILCS 5/5-8-1 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CT 90 (1977–2026) CA 61 (1967–2026) VA 50 (1994–2026) IL 22 (2005–2025) PA 21 (1974–2026) OH 21 (1993–2025) FL 19 (1982–2025) WA 17 (1983–2026) NY 11 (1987–2025) TX 10 (1976–2021) MA 10 (2003–2018) GA 8 (1977–2021) LA 8 (1979–2024) IA 7 (2016–2024) NM 5 (1981–2018) KS 4 (1977–2004) VI 4 (2011–2016) WI 4 (1992–2023) IN 4 (2002–2015) NJ 3 (1976–2017) NC 3 (1974–2025) MO 3 (2012–2021) MI 3 (2012–2016) MS 3 (2016–2021) AK 2 (1987–2024) HI 2 (1999–2025) UT 2 (1991–2019) TN 2 (1992–2015) AZ 2 (2000–2014) VT 2 (1993–2018) AL 2 (2015–2023)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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