RicInOR

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More on Guns and Strict Liability

I believe that the State is required to prove that the defendant [who is charged with possessing a firearm with a defaced serial number] knew that the firearm he possessed [had a defaced serial number]. The seminal case holding otherwise, People v. Stanley, 397 Ill. App. 3d 598 (2009), was wrong when it was decided and is even more obviously wrong today, in a world where the mere possession of a firearm, without more, cannot be constitutionally prohibited. We should say so.
 

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