People v. Wise
139 N.E.3d 686
Ill. App. Ct.2019Background
- On June 18, 2015, ISP Trooper Edwin Shamblin stopped a 2005 Dodge Caravan for speeding; Charles Wise was driving.
- During a search the trooper found a .357 Derringer concealed inside a black glove in the third-row/cargo area, completely obscured prior to moving the glove.
- Shamblin testified Wise admitted knowing the gun was in the van but said it belonged to a friend, Wade Burrell; Burrell testified he bought the gun and left it in the van inside a glove and forgot it.
- Witnesses said Wise briefly sat in the back seat near the glove at the start of the trip for roughly 10–20 minutes before driving; trooper testified the gun was about 5–10 feet behind the driver and not reachable from the driver’s seat.
- The trial court convicted Wise of unlawful possession of a weapon by a felon (720 ILCS 5/24-1.1(a)) and sentenced him to two years; Wise appealed arguing the State failed to prove the gun was “on or about his person.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the State proved the firearm was "on or about" Wise's person under 720 ILCS 5/24-1.1(a) | "On or about" is broader than literally on the body and can encompass constructive possession in areas under the defendant's control (e.g., vehicle). | "On or about" requires the firearm be on the person or in such close proximity that it is readily accessible (within arm's reach); the gun here was 5–10 ft away and not reachable. | Reversed/vacated. The court construed "on or about his person" to mean on the person or in such close proximity as to be readily accessible; the gun was not within reach when found, and the brief time Wise sat near it occurred outside Illinois, so the State failed to prove the offense. |
Key Cases Cited
- People v. Liss, 406 Ill. 419 (Ill. 1950) (supreme court defined "on or about his person" to require accessibility for immediate use)
- People v. Niemoth, 322 Ill. 51 (Ill. 1926) ("about his person" means sufficiently close to be readily accessible for immediate use)
- People v. Rangel, 163 Ill. App. 3d 730 (Ill. App. Ct. 1987) (upheld conviction where gun was recovered from defendant's vehicle and evidence supported knowing possession)
- People v. Clodfelder, 172 Ill. App. 3d 1030 (Ill. App. Ct. 1988) (found constructive possession "about his person" where defendant owned vehicle, knew location of firearm, and had exclusive control)
- People v. Woodworth, 187 Ill. App. 3d 44 (Ill. App. Ct. 1989) (treated "on or about one's person" as equivalent to possession when the weapon was within reach)
- People v. Jastrzemski, 196 Ill. App. 3d 1037 (Ill. App. Ct. 1990) (affirmed conviction where location of gun plus proof of knowledge and ownership of vehicle supported "on or about" finding)