“Only the Illinois Supreme Court can declare a statue from (the legislature) unconstitutional,” Castiglione told lawmakers Tuesday. “I heard (someone) say that after 180 days our UUW (unlawful use of weapon) statute is unconstitutional. Not so.”
“Until the Supreme Court of the United States has spoken, state courts are not precluded from exercising their own judgments on federal constitutional measures,” said Paul Castiglione, representing the Cook County state’s attorney’s office. “Because lower federal courts exercise no appellate jurisdiction over state courts, decisions of lower federal courts are not conclusive on state courts.”
“After 180 days, anyone who decided, for example, to walk down Michigan Avenue in Chicago carrying an AK-15 would be subject to arrest and prosecution for violating the [Unlawful Use of Weapons Act,]” said Cook County Assistant State’s Attorney Paul Castiglione. He said the Cook County state’s attorney’s office intends to enforce the Illinois Unlawful Use of Weapons statute, which outlaws carrying guns in public, after the deadline, unless lawmakers change it or the Illinois Supreme Court finds it unconstitutional. “The lower federal courts, either the district courts or the courts of appeal, cannot tell the Illinois Supreme court how to rule or whether or not that law is constitutional. The only court that can resolve that split is the U.S. Supreme Court.”
