Firearm Laws |
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Search & Seizure |
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Hiland v. Trent, 868 N.E. 2d 396, Third District
Appellate Court (5/16/07).
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People v. Williams, 858 N.E. 2nd 606. Illinois Appellate Court, Ist District.
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United States v. Cherry, 436 F. 3d 769 ( C.A. 7, Ill., 2006)
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People v. Miller, 824 N.E. 2d 1080 ,
Illinois 1st District Appellate Court (2-7-05).
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HUDSON v. MICHIGAN. United States Supreme Court, June 2006. 126 S. Ct. 2159
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People v. Dieppa, 357 Ill.
App. 3d 847
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ILLINOIS v. CABALLES. U.S.
Supreme Court (1/25/05)
on
writ of certiorari to the Supreme Court of Illinois. 03-923
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DEVENPECK et al. v. ALFORD No.
03-710
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People v. Parra, 352 Ill. App.
3d 584, 817 N.E. 2d 141 ( 2d Dist., 10/12/04)
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People v. Travis Smith, 346
Ill. App. 3d 146, 803 N.E. 2d 1074
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People v. Starbuck, 358 Ill
App. 3d 234 (3rd Dist. 2005)
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People v. Mendoza, 846 N.E. 2d 169 (2d Dist App. Ct.,
March 2006)
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People v. Frederick Hampton, 358 Ill App. 3d 1029 (2d Dist 2005)
and People v. Shinara Mathews, 357 Ill App. 3d 1062 (3rd Dist. 2005)
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Prior to the Smyth decision, in a case that can still be cited
as authority, the Illinois Appellate Court for the 4th District, in
People v. Cameron, 336 Ill. App. 3d 548, affirmed a jury verdict of
“guilty,” when the defendant transported an unloaded semiautomatic
pistol in his motor vehicle glove compartment. The principal issue of the case
turned on the interpretation of the “container” exemption in the criminal
statute which exempted the transportation of a firearm in a vehicle “if the
firearm is unloaded and enclosed in a case, firearm carrying box, shipping box
or other container by a person who has been issued a currently valid [f]irearm
[o]wner’s [i]dentification [c]ard.”
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The trial court refused the defendant a jury instruction which
basically stated the exemption language, and the Appellate Court affirmed this
decision, holding that the glove compartment did not fall within the
legislators’ understanding of what constituted a “container.” Similar to the
Smyth case (above) the Court here was obviously concerned with the
immediate accessibility of the firearm. |
The Court noted that the legislators, when debating the Bill
and enumerating various means of containing a firearm, intended “container” to
mean “some sort of container that can be picked up and carried around.”
Obviously, a glove compartment does not fit that definition. The Justice
writing the opinion stated: “If it [the firearm] is in a glovebox in ***a
vehicle*** I haven’t seen too many vehicles someone could pick up and carry
around.” In response to the defendant’s argument that he was entitled to the
“exemption” jury instruction, the Court noted that “. . .strictly construing
the container exemption, we determine a vehicle’s glove compartment is not an
‘other container’ under the container exemption. A glove compartment is
fundamentally different from a case, firearm carrying box, or shipping box
because these receptacles are portable whereas a glove compartment is a fixed
area in the dashboard of a vehicle. Therefore, a glove compartment is not an
‘other container’ similar to the ones enumerated in the container exemption.”
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