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July 30, 2014, 12:12 pm
970 WMAY News

Judge Denies Motion to Dismiss in Concealed Carry Case, Trial Set For Mid June


A trial date has been set for a man accused of violating Illinois' ban on concealed carry, even after that ban was ruled unconstitutional by the 7th Circuit Court of Appeals.

 

Donnell Jackson was arrested in December 2011 with a handgun hidden in his sweatshirt.

 

A year later, the circuit court found the law Jackson is charged with unconstitutional and gave Illinois 180 days to craft a new law that allows for some kind of carry.

 

Jackson's defense attorney's motion to dismiss the charges based on the circuit ruling was denied by Sangamon County Judge Leslie Graves.

 

Defense attorney Dan Noll said the law was unconstitutional when his client was arrested is unconstitutional now and will be unconstitutional in the future.

 

Sangamon County State's Attorney John Milhiser says the law is still on the books and until the Illinois General Assembly passes some form of carry his office will prosecute.

 

Jackson was not charged with violating any other law and had a valid FOID card at the time of his arrest.

 

A trial date has been set for June 17th, just days after the mandate from the 7th Circuit Court lifts Illinois' ban on concealed carry.

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