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PEOPLE v. DIGGINS

No. 106367.

919 N.E.2d 327 (2009)

235 Ill.2d 48

The PEOPLE of the State of Illinois, Appellant, v. Michael DIGGINS, Appellee.

Supreme Court of Illinois.

October 8, 2009.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield, and Kevin W. Lyons, State's Attorney, Peoria (Michael A. Scodro, Solicitor General, Michael M. Glick and Erica Seyburn, Assistant Attorneys General, Chicago, Norbert J. Goetten and Terry A. Mertel, Office of the State's Attorneys Appellate Prosecutor, Ottawa, of counsel), for the People.

Tiffany Ritchie, of Schierer & Ritchie, LLC, Peoria, for appellee.

Victor D. Quilici, Schiller Park, for amicus curiae Illinois State Rifle Association.

OPINION

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

Section 24-1.6(c)(iii) of the Criminal Code of 1961 provides that a person is not guilty of aggravated unlawful use of a weapon if that weapon 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 Firearm Owner's Identification Card." 720 ILCS 5/24-1.6...

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