United States: Illinois Supreme Court Finds Statute Regulating Stun Guns And Tasers Unconstitutional

Gun Rights

Lisa Mon’a Kpor is an attorney and Barbara A. Adams is Senior Counsel in Holland & Knight’s Chicago office A Portion of the State’s Unlawful Use of Weapons Statute Violates Second Amendment HIGHLIGHTS: In People v. Webb , the Illinois Supreme Court found that an Illinois statute prohibiting the carriage or possession of a stun gun or taser in public violated the Second Amendment. The Court applied a two-part test to the constitutional inquiry by first considering whether the statute imposed a burden on conduct falling within the scope of the Second Amendment and then examining whether the statute created a burden on the exercise of Second Amendment rights as applied to stun guns and tasers. The Court rejected the government’s argument that the interplay between the statute and the Illinois Firearm Concealed Carry Act made the provision regulating stun guns and tasers constitutionally permissible. The Illinois Supreme Court, in an opinion released on March 21, 2019, held in People v. Webb that a portion of the Illinois unlawful use of weapons (UUW) statute that prohibits the carriage or possession of stun guns and tasers was unconstitutional on its face under the Second Amendment of the U.S. Constitution. Case Background and Trial Court Actions Two men were charged, in two separate cases, with the unlawful use of weapons. One defendant was charged with violating Section (a)(4) of the UUW statute for carrying a stun gun in his jacket pocket while in his vehicle on a public street. The other […]

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