People v. Ramirez, 2023 IL 128123

Police executed a search warrant at defendant Andrew Ramirez’s home; Ramirez was detained and later retrieved shoes from a bedroom.
Officers recovered a 20‑gauge Benelli shotgun under the mattress of that bedroom; mail in the room bore Ramirez’s name and the residence address.
An officer testified the Benelli’s serial number had been scratched off; the shotgun itself was not introduced at trial but the parties stipulated the serial number was defaced.
Ramirez told police he bought the Benelli from a coworker for $100 and lunch.
He was charged under 720 ILCS 5/24‑5(b) (possession of a firearm with changed/obliterated serial number); the trial court convicted based on precedent holding the State need only prove knowing possession (not knowledge of defacement).
The Illinois Supreme Court reversed the appellate court, holding that §24‑5(b) requires proof that the defendant knew both that he possessed the firearm and that the firearm’s serial number was defaced, and remanded for further proceedings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether §24‑5(b) requires proof the defendant knew the firearm’s serial number was defaced	People: State need only prove knowing possession of the firearm; defacement is a circumstance that need not be known	Ramirez: Knowledge of defacement is an element; otherwise innocent conduct could be criminalized	Court: §24‑5(b) implies a mens rea of knowledge that applies to both possession and defacement; overrules Stanley
Remedy where trial court applied the contrary rule	People: Error was harmless or could have been remedied by additional evidence	Ramirez: Conviction must be reversed because no evidence he knew of defacement	Court: Conviction vacated and case remanded for a new trial so State may prove knowledge of defacement

People v. Molnar, 222 Ill. 2d 495 (explaining statutory construction and legislative intent)
People v. Gean, 143 Ill. 2d 281 (infer knowledge mens rea for possessory offenses absent contrary legislative intent)
People v. Stanley, 397 Ill. App. 3d 598 (appellate decision holding knowledge need only apply to possession; overruled)
United States v. Marzzarella, 614 F.3d 85 (discussing how defaced firearms are associated with criminal use)
District of Columbia v. Heller, 554 U.S. 570 (Second Amendment limits on firearm regulation)
McDonald v. City of Chicago, 561 U.S. 742 (Second Amendment incorporated against the states)
New York State Rifle & Pistol Ass’n v. Bruen, 142 S. Ct. 2111 (framework for assessing firearms regulations under the Second Amendment)