This Chicago Criminal lawyer thinks that the politicians are probably surprised by citizen response to the passage of another gun law. The bill passed both houses down in Springfield without a single vote in opposition. However it looks like citizens have significant concerns about this new bill.
Another law that will not stop gang members; I also have a problem with this on a purely legal level. If a cop labels someone a 'gang member' and they are found with a gun, and let us say that they are also possess a FOID card (which by the way only applies to ILLINOIS RESIDENTS) they would still be sentenced to prison. Can anyone not see the problem with this?
Is being a gang member illegal? If not, then the ACLU will take this new law to court saying it's depriving law-abiding gang members from their Constitutional rights. How do they determine if someone is in a gang? Is there a membership list somewhere handy?
The gang member was a convicted felon who couldn't legally own a gun in the first place...
second, if he was in Chicago and it was a pistol, it was illegal also (handgun ban).
Neither of these 2 laws did anything to stop the police officer from being shot and this 3rd law
that Quinn just signed won't either. The gang member has to be caught with the weapon BEFORE he shoots someone. What is really hypocritical is Quinn wants to release inmates early, so they can be back on the streets doing crimes just like the gang member.
Illinois where only the outlaws are armed.
So here's the new law:
Sec. 24-1.8. Unlawful possession of a firearm by a street |
gang member. |
(a) A person commits unlawful possession of a firearm by a |
street gang member when he or she knowingly: |
(1) possesses, carries, or conceals on or about his or |
her person a firearm and firearm ammunition while on any |
street, road, alley, gangway, sidewalk, or any other lands, |
except when inside his or her own abode or inside his or |
her fixed place of business, and has not been issued a |
|
currently valid Firearm Owner's Identification Card and is |
a member of a street gang; or |
(2) possesses or carries in any vehicle a firearm and |
firearm ammunition which are both immediately accessible |
at the time of the offense while on any street, road, |
alley, or any other lands, except when inside his or her |
own abode or garage, and has not been issued a currently |
valid Firearm Owner's Identification Card and is a member |
of a street gang. |
(b) Unlawful possession of a firearm by a street gang |
member is a Class 2 felony for which the person, if sentenced |
to a term of imprisonment, shall be sentenced to no less than 3 |
years and no more than 10 years. A period of probation, a term |
of periodic imprisonment or conditional discharge shall not be |
imposed for the offense of unlawful possession of a firearm by |
a street gang member when the firearm was loaded or contained |
firearm ammunition and the court shall sentence the offender to |
not less than the minimum term of imprisonment authorized for |
the Class 2 felony. |
(c) For purposes of this Section: |
"Street gang" or "gang" has the meaning ascribed to it |
in Section 10 of the Illinois Streetgang Terrorism Omnibus |
Prevention Act. |
"Street gang member" or "gang member" has the meaning |
ascribed to it in Section 10 of the Illinois Streetgang |
Terrorism Omnibus Prevention Act. |
What is a Street gang or gang for purposes of this new law?
740 ILCS 147
"Streetgang" or "gang" or "organized gang" or "criminal street gang" means any combination, confederation, alliance, network, conspiracy, understanding, or other similar conjoining, in law or in fact, of 3 or more persons with an established hierarchy that, through its membership or through the agency of any member engages in a course or pattern of criminal activity.
For purposes of this Act, it shall not be necessary to show that a particular conspiracy, combination, or conjoining of persons possesses, acknowledges, or is known by any common name, insignia, flag, means of recognition, secret signal or code, creed, belief, structure, leadership or command structure, method of operation or criminal enterprise, concentration or specialty, membership, age, or other qualifications, initiation rites, geographical or territorial situs or boundary or location, or other unifying mark, manner, protocol or method of expressing or indicating membership when the conspiracy's existence, in law or in fact, can be demonstrated by a preponderance of other competent evidence. However, any evidence reasonably tending to show or demonstrate, in law or in fact, the existence of or membership in any conspiracy, confederation, or other association described herein, or probative of the existence of or membership in any such association, shall be admissible in any action or proceeding brought under this Act.
Then finally, here's the definition of a Street gang member or just plain old gang member from the same statute: "Streetgang member" or "gang member" means any person who actually and in fact belongs to a gang, and any person who knowingly acts in the capacity of an agent for or accessory to, or is legally accountable for, or voluntarily associates himself with a course or pattern of gang‑related criminal activity, whether in a preparatory, executory, or cover‑up phase of any activity, or who knowingly performs, aids, or abets any such activity.
Frequently, when laws are created as a direct response to a tragedy everyone wants to just get it passed and no one wants to ask any of the thoughtful questions that the comments above reflect. One more irony, I guess as long as you are a lone gunman without any known gang affiliations, you don't have to worry about this new law. I get the distinct impression that was not the intent of the legislators and politicians when they thought this bill was a good idea.
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