Docket No. 106367.
THE STATE OF ILLINOIS
THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v.
MICHAEL DIGGINS, Appellee.
Opinion filed October 8, 2009.
JUSTICE BURKE delivered the judgment of the court, with
Chief Justice Fitzgerald and Justices Freeman, Thomas, Kilbride,
Garman, and Karmeier concurred in the judgment and 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.