well you know this isn't my gun i don't know what happened but it's not in the state charges when away and then it's undeniably proven that he had permission under the state's theory the would be would be able to charge and find him guilty even though it's conclusively proven that he is that in all likelihood that with permission means permission to have a firearm on a person isn't that part of your argument taken away by the fact the defense that i never had a firearm so he testifies he didn't testify could have be believe that i knew i was dealing with the constitutionality of a statute and now i don't believe the appeal to retroactivity of the admin ments but i i could be wrong on that but i don't think it briefly as when times are i would also say this is just my second issue honour's is that if through is any argument that defendants testimony somehow help the state needs burden i think defense counsel was clearly affected for not doing the elements of this crime and not moving for a directed verdict at the close of the state's case  exceptions do not have to be part of the indictment or the information here we have a clear expression of the legislature's intent that the invitee with permission exception is for the defendant t and it would make it would make sense because as justice quinn pointed out he abode exception can be readily shown when a person is arrested in gives their address the legislature are clearly recognized there the people would have to prove that if the if the burden resigned the people they would actually have to bait basically prove  who the owner was and that the owner did not give their permission in this case the owner was codefendant and obviously wouldn't been able to put him on the the red just later the registry the dates show that the not it's sowing cooperated within the elements that that one cannot describe the offense without without describing the exceptions now clearly the aggravated unlawful use of a weapon existed before this this exception to that and that's twenty four to be five d on what's telling is the public act which amended which amended the act in order  agree with the first part of the statement but the fact that he had a gun does that that's i mean that he had permission to have the gun yet it just it just just goes to say it doesn't make it so it has to be supported by some other factors don't appeal up the fact that he didn't have a gun means he didn't have permission that's a lot of words that's just an assumption it's conjecture it isn't something more required as this has the fun it suggests you favorable to the state based if it's a reasonable and could make a reasonable conclusion actually a denial regarding one element additionally counsel i've used that it was ineffective for not not motioning for a directed verdict at the end the close of the people's case in the record is of course very clear  stronger by attacking the possession as opposed to the exception furthermore as we maintained though the statute is clear that defendants has the burden of proof presenting  all of us know these things there were forty clear especially me those of us who used to do it know much less than the people who actually turn up three that now and that's not there it would have been a lot easier and lot less torment speaking just myself had already been construed that means the state has the burden the fact that there is an exemption in twenty four dash two doesn't change the fact that the state has the burden of disproving these exceptions and that's clear from rob which like a said twenty four d i think a this is the type of case that is going to have to be addressed because he this was not a convicted felon this is not someone who came under any of the exceptions that the court hinted at in helen redondo that you know we will be able to restrict the state would be able to restrict this is a really rise of the right to self defense should apply to is not a convicted felon so i think that under a limited reading of how redondo this statute was unconstitutional