Tag Archives: AUUW

b2ap3_thumbnail_Constructive-Possession-of-weapon.jpgThe charge of aggravated unlawful use of a weapon (AUUW) is a serious crime in Illinois and can carry harsh penalties. Constructive possession of a weapon exists when an offender does not have the weapon on his or her person, but does exercise control over it. The Illinois Appellate Court’s recent ruling in People v. Daniel Smith clarifies existing law on the type of evidence considered sufficient to constitute constructive possession.

The Case

In 2012, Greyhound bus driver discovered a bag containing a handgun that was left behind by a passenger. Intending to take the bag to his supervisor, the driver disembarked, carrying the bag. He was then approached by the defendant whom the driver recognized as a passenger who had been sitting near where the bag was found. The defendant proceeded to tell the driver that the bag was his. The driver asked him what was in the bag and he responded, “Nothing but a BB gun.” The driver refused to turn the bag over, and delivered it to his supervisor as planned. After law enforcement was contacted, the gun was identified as a semi-automatic handgun with a live round in the chamber. The defendant was arrested, charged, and convicted of six counts of aggravated unlawful use of a weapon.

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