QUESTION
If a State Supreme Court has deemed a law unconstitutional, is that law now null and void?
Asked on Sep 14th, 2013 on Criminal Law - Illinois
More details to this question:
Illinois Supreme Court ruled 9-0 that Section 24-1.6(a)(1),(a)(3)(A) unconstitutional on its face and reversed a verdict of guilty to not guilty in case involving the carrying of a loaded weapon not in accordance to that law!! State of Illinois vs Aguilara. Along with other comments, my question is, now that that law has been found unconstitutional, and no law regulating open carry, can a citizen legally open carry in Illinois?
1 ANSWER
Criminal Law Attorney serving Naperville, IL
at
Law Office of Ken Wang
Update Your Profile
You may not legally open carry in Illinois based on People v. Aguilar, 2013 IL 112116 (2013).
Footnote #3 on Page 8 of People v. Aguilar states that following the decision in Moore, the General Assembly enacted the Firearm Concealed Carry Act. Aguilar does not address the Firearm Concealed Carry Act or the Amended Agg UUW Statutes.
Answered on Sep 16th, 2013 at 11:15 AM