Cook County Judge Reverses Herself Dismissing Unlawful Use of a Weapon Charge

A Cook County judge reversed herself on Monday, dismissing weapons charges against a Chicago man who had been stopped for speeding and informed the officer that he was carrying a loaded pistol in his holster. The defendant possessed a valid FOID card. This decision came after the recent Illinois Supreme Court ruling striking down part of the state’s gun law as unconstitutional (People v. Aguilar).

Judge Ellen Mandeltort had previously denied the defendant’s request to dismiss the unlawful use of a weapon charge last week before the Illinois Supreme Court’s ruling on Thursday, which comes in line with the federal court decision earlier this year. In February, the 7th U.S. Circuit Court of Appeals struck down parts of the state law which made carrying a concealed firearm illegal. The defendant’s motion to reconsider was granted in light of the ruling and Judge Mandeltort agreed that the charge violated the defendant’s Second Amendment rights.

Weapons charges dropped after state high court’s ruling, www.chicagotribune.com, September 16, 2013 Ill. Supreme Court strikes down part of gun law, www.chicagotribune.com, September 14, 2013