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Docket No. 88887-Agenda 9-November 2000.

THE PEOPLE OF THE STATE OF ILLINOIS, Appellant, v. JERRY S. IZZO, Appellee.

Opinion filed February 16, 2001.

CHIEF JUSTICE HARRISON delivered the opinion of thecourt:

Jerry Izzo, an 18-year-old high school student, was charged bycomplaint with violating section 21-6 of the Criminal Code of1961 (720 ILCS 5/21-6 (West 1998)), which prohibits theunauthorized possession or storage of weapons on public property.The charge was filed after Izzo was found carrying "a foldingsilver & black Smith & Wesson S.W.A.T. [Special WeaponsAssault Team] knife with a blade in excess of 3 inches" while atschool. Izzo moved to dismiss the complaint pursuant to section114-1 of the Code of Criminal Procedure of 1963 (725 ILCS5/114-1 (West 1998)) on the grounds that section 21-6 isunconstitutional. The circuit court of Du Page County granted thatmotion. The State took a direct appeal to our court. 134 Ill. 2d R.302(a). We now reverse and remand for further proceedings.

Section 21-6 of the Criminal Code states:

"(a) Whoever possesses or stores any weaponenumerated in Section 33A-1 [of the Criminal Code of1961 (720 ILCS 5/33A-1 (West 1998))] in any buildingor on land supported in whole or in part with public fundsor in any building on such land without prior writtenpermission from the chief security officer for such land orbuilding commits a Class A misdemeanor.

(b) The chief security officer must grant any reasonablerequest for permission under paragraph (a)." 720 ILCS5/21-6 (West 1998).

A S.W.A.T. knife of the type found in Izzo's possession isamong the weapons enumerated in section 33A-1 of the CriminalCode of 1961 (720 ILCS 5/33A-1 (West 1998)). The publicschool where Izzo was carrying the knife is a building or land"supported in whole or in part with public funds" as those termsare used in section 21-6 (720 ILCS 5/21-6 (West 1998)). If Izzowanted to possess or store the knife on school property, he wastherefore required by the express terms of the statute to obtainadvance written permission to do so.

Izzo did not seek permission to posses the knife at school, andno such permission was granted to him. Izzo nevertheless contendsthat he cannot be prosecuted for violation of the law because thelaw is unconstitutional. Specifically, Izzo asserts that the law isvague and indefinite in violation of the due process provisions ofthe fifth and fourteenth amendments to the United StatesConstitution (U.S. Const., amends. V, XIV) and article I, section2, of the Illinois Constitution of 1970 (Ill. Const. 1970, art. I,