Whether the Illinois offense of aggravated discharge of a firearm qualifies as a violent felony under the Armed Career Criminal Act after Borden v. United States

QUESTION PRESENTED The Armed Career Criminal Act provides an enhanced penalty for felons in possession of a firearm with three prior qualifying convictions, including for violent felonies. A violent felony includes offenses which have “as an element the use, attempted use, or threatened use of physical force against the person of another.” Borden v. United States, held “[t]he phrase ‘against another,’ when modifying the ‘use of force,’ demands that the perpetrator direct his action at, or target, another individual,” and does not include offenses requiring a mens rea of recklessness. 141 S.Ct. 1816, 1825 (2021). Where, in 1991, Illinois aggravated discharge of a firearm (Ill Rev.Stat.1991, ch. 38, par. 24-1.2(a)(2)) required knowingly discharging a firearm, with the knowledge that the discharge is “in the direction of another person,” does that offense qualify as a violent felony under Borden, despite that Illinois case law and the plain language of the statute permit the offense to be committed without intending to threaten, target, or injure any individual? i