PEOPLE v. GARVIN

Docket No. 1-11-3095.

994 N.E.2d 1076 (2013)

2013 IL App (1st) 113095

374 Ill. Dec. 139

The PEOPLE of the State of Illinois, Plaintiff-Appellee, v. Kevin GARVIN, Defendant-Appellant.

Appellate Court of Illinois, First District, Third Division.

August 7, 2013.


Attorney(s) appearing for the Case

Michael J. Pelletier , Alan D. Goldberg , and Darrel F. Oman , all of State Appellate Defender's Office, of Chicago, for appellant.

Anita M. Alvarez , State's Attorney, of Chicago ( Alan J. Spellberg , John E. Nowak , and Margaret M. Smith , Assistant State's Attorneys, of counsel), for the People.


Justice HYMAN delivered the judgment of the court, with opinion.

OPINION

¶ 1 Does the unlawful use of weapons by felons statute (720 ILCS 5/24-1.1 (West 2010)), violate a defendant's second amendment rights by criminalizing the knowing possession of firearm ammunition alone, without regard to whether or not the defendant also possesses a firearm?

¶ 2 Defendant draws on District of Columbia v. Heller, 554 U.S. 570,

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