In a recent turn of events, the Illinois Supreme Court has determined a law regarding Chicago Weapons Charges that once indicated having a gun on one’s person outside of their home or business to be illegal, is now no longer. The new view on the unlawful use of a weapon has Chicago Criminal Lawyers considering what this means for their past defendants as well as their pending cases.
THE 2ND AMENDMENT
The overturning of this statute came to pass as the issue of whether or not it violated citizen’s rights according to the 2nd amendment came into question. The amendment clearly states that Americans have the right to keep and bear arms for the purpose of self-defense. Where the line became blurred was where exactly this right existed. For many years it was understood that these rights were limited to within a person’s home or business. Among similar opinions from officials, Justice Robert R. Thomas wrote, “…that the right to bear arms extends beyond the walls of one’s home…”, and goes on to say in the case of, “District of Columbia v. Heller, we held that the Second Amendment protects the right to keep and bear arms for the purpose of self-defense,”.
WHAT DOES THIS MEAN FOR CHICAGO WEAPONS CHARGES?
To begin with, new charges pertaining to unlawful use of a weapon in this context are simply not happening anymore. With the overturning of the law, officials are also dismissing any such Chicago weapons charges cases which are pending. In fact, sources state approximately 80 weapons charges cases will be dropped by the Chicago Cook County State’s Attorney’s office.
Contact us today at 773-791-9682 if you or someone you know has been charged with weapons charges. The Law Office of Purav Bhatt can assist you in getting your unlawful use of a weapon (UUW) charges dismissed.
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