People v. Diggins

919 N.E.2d 327, 235 Ill. 2d 48, 335 Ill. Dec. 608, 2009 Ill. LEXIS 1319
CourtIllinois Supreme Court
DecidedOctober 8, 2009
Docket106367
StatusPublished
Cited by37 cases

This text of 919 N.E.2d 327 (People v. Diggins) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Diggins, 919 N.E.2d 327, 235 Ill. 2d 48, 335 Ill. Dec. 608, 2009 Ill. LEXIS 1319 (Ill. 2009).

Opinion

JUSTICE BURKE

Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride, Garman, and Karmeier concurred in the judgment and opinion.

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(c) (iii) (West 2006). In the case at bar, we are asked to determine whether the center console of a vehicle is a “case” within the meaning of this provision. For the reasons that follow, we conclude that it is.

Background

Following a jury trial in Peoria County, defendant Michael Diggins was convicted of aggravated unlawful use of a weapon in violation of section 24 — 1.6(a)(1) of the Criminal Code. Evidence presented at trial revealed the following.

Sergeant Michael Boland testified that on March 24, 2006, he was on patrol in Peoria, Illinois, with his partner Officer Lane, when he observed a black Chevrolet Suburban make a right turn without signaling. Boland directed the car, driven by defendant, to pull over. After defendant stopped, Boland asked defendant for his driver’s license and proof of insurance. Defendant retrieved his insurance card from the glove compartment and handed it to Boland. When Boland again asked defendant for his driver’s license, defendant replied that he had a Firearm Owner’s Identification Card (FOID) card. Boland then asked defendant if he had any guns in the vehicle, and defendant responded, “Yes, I do.” Defendant pointed to the center console of his vehicle and said they were “in there.” Boland testified that he told defendant not to reach into the console and then he and Lane handcuffed defendant and defendant’s passenger and removed them from the vehicle. Boland then entered the vehicle.

According to Boland, the lid to the center console was ajar, although there was a key in the console’s lock. When Boland opened the lid, he observed two unloaded handguns: a .45-caliber semiautomatic black pistol and a chrome .357 Magnum revolver. He also observed a magazine loaded with eight .45-caliber rounds and six rounds of .357 ammunition. A duffel bag, located in the rear compartment area of the vehicle, contained two boxes with 42 rounds of .45-caliber ammunition and 46 rounds of .357-caliber ammunition. Boland testified that he did not remove the guns at that time, but waited for other officers to arrive to take photographs. After photographs were taken, Boland removed the guns from the console and found defendant’s wallet, which contained his driver’s license and FOID card.

Defendant testified that the console was closed and locked when Sergeant Boland executed the traffic stop. According to defendant, when Boland asked him for his license, he went to the console to retrieve it, but the console was locked. Defendant asked his passenger to get the console keys from the glove compartment. His passenger got the keys and gave them to defendant. Defendant then unlocked the console, pushed the button, and raised the lid. At that time, defendant told Boland he had a FOID card and driver’s license, which were in his wallet in the console, but that he was not going to reach into the console because he had guns in there. According to defendant, he put his hand in the air, at which time Boland grabbed it, pulled it out the window, and handcuffed him. Defendant testified that, when he was pulled over, he was about to drive back to Florida, and that he carried his guns in the console when traveling because the highway was “dangerous.”

Defendant’s passenger, Willie Moore, also testified. He confirmed that defendant asked him for the keys to the console, that he retrieved them from the glove compartment and gave them to defendant, and that defendant then unlocked the console. After defendant unlocked the console, Moore said, defendant advised Boland he had guns in the console.

At the close of the evidence, defense counsel sought a jury instruction, based on section 24 — 1.6(c)(iii), that a person is not guilty of aggravated unlawful use of weapons if the weapons are enclosed in a “case, firearm carrying box, shipping box, or other container” by a person who has been issued a currently valid FOID card. The trial judge refused the instruction.

The trial judge also prohibited defendant from asserting, in closing argument, that the console was a “case” or “other container” under section 24 — 1.6(c)(iii). However, the State was allowed to argue that the console was not a “case.”

During jury deliberations, the jury sent a note to the trial judge, asking, “What is the legal definition of a case?” Over defense objection, the trial judge instructed the jury that the console was not a “case” under Illinois law. Shortly thereafter, the jury returned its verdict, finding defendant guilty of aggravated unlawful use of weapons. The court sentenced defendant to 30 months’ imprisonment.

On appeal, the appellate court reversed and remanded for a new trial, finding that the center console of a vehicle is a “case” within the meaning of section 24 — 1.6(c)(iii). 379 Ill. App. 3d 994. In so holding, the appellate court rejected the finding in People v. Cameron, 336 Ill. App. 3d 548 (2003), that a glove compartment was not a “case” or “other container” because it was not portable. The court below determined there is nothing in the plain language of any of the terms in section 24 — 1.6(e)(iii), whether considered separately or together, to indicate the legislature intended for the exception to apply only to portable receptacles. Relying on a standard dictionary, the appellate court defined the term “case” as “a box or receptacle to contain or hold something” that “completely encloses the weapon.” Based on this definition, the appellate court held that the center console was a “case” within the meaning of section 24 — 1.6.

We granted the State’s petition for leave to appeal pursuant to Supreme Court Rule 315 (210 Ill. 2d R. 315). We also granted leave to the Illinois State Rifle Association (ISRA) to file an amicus curiae brief on behalf of defendant.

Analysis

The statutory provision at issue, aggravated unlawful use of a weapon, provides in pertinent part:

“(a) A person commits the offense of aggravated unlawful use of a weapon when he or she knowingly:
(1) Carries on or about his or her person or in any vehicle or concealed on or about his or her person except when on his or her land or in his or her abode or fixed place of business any pistol, revolver, stun gun or taser or other firearm; [and]
***
(3) One of the following factors is present:
(A) the firearm possessed was uncased, loaded and immediately accessible at the time of the offense; or

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Cite This Page — Counsel Stack

Bluebook (online)
919 N.E.2d 327, 235 Ill. 2d 48, 335 Ill. Dec. 608, 2009 Ill. LEXIS 1319, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-diggins-ill-2009.