I thought "gun trafficking" was already illegal. Or was it a federal, not a state law?
Rauner signs bill to punish trafficking guns into Illinois
By Ivan Moreno, The Associated Press
Posted Aug. 23, 2016 at 3:27 PM
Firearm traffickers in Illinois will be punished with sentences of up to 30 years in prison under legislation Gov. Bruce Rauner signed Tuesday, a move aimed at curbing Chicago's rampant gun violence.
The new law seeks to address a problem that has vexed prosecutors in recent years:
Criminals skirting Illinois' strict gun policies by purchasing firearms in other states where little screening is required. Investigators say more than half of the firearms recovered in Illinois crime scenes are traced back to other states.
There have been more than 442 homicides in Chicago so far in 2016 and the vast majority involve firearms, said police spokesman Anthony Guglielmi. There were 468 homicides in all of 2015.
Under the new law, a first conviction for trafficking guns will carry a sentence of four to 20 years in prison. A subsequent offense will be punishable by up to 30 years.
"There's never been a major focus on who arms the shooter," said Rep. Jim Durkin, the
House Republican leader and a sponsor of the bill. Now, he said, "they're going to be held accountable and they're going to be sentenced in a very strong fashion."
In a statement, Chicago Mayor Rahm Emanuel called the law "a step in the right direction."
The proposal drew opposition from the American Civil Liberties Union in Illinois, which argued the sentences are too severe and that there is already a federal law on the issue.
But Brandon Nemec, an assistant state's attorney in Cook County, said the federal law applies only when someone actually transfers a firearm to someone prohibited from possessing one. The new law will allow prosecutors to charge people whom investigators found had "the intent to deliver."
Durkin said prosecutors can only charge traffickers now for being a felon in possession of a firearm or for not having a gun permit.
"That doesn't get the job done," he said. Currently, those offenders can get as little as a year in jail, and as much as 14 years, depending on their criminal history.
Nearly 60 percent of the firearms used in crimes in Chicago were bought in other states, according to a 2014 report from the mayor's office, which blamed "weaker gun laws" in those places. About 20 percent came from Indiana, where no permit is required to buy firearms and private sellers don't have to conduct background checks.
Every state in the country supplied at least one gun that was used in a crime in Chicago, the report found. Indiana is the largest supplier, followed by Mississippi and Wisconsin, which are responsible for 6.7 percent and 3.6 percent, respectively.
In Illinois, gun purchasers need to obtain a permit - a process designed to disqualify felons, those with mental illnesses and domestic abusers among others.
"All of our communities are at risk of gun violence. We in Illinois are suffering,"
Rauner, a Republican, said before signing the bill in Chicago. "Our children are at risk, innocent people at risk."
To quote George Carlin, "Ya gotta wanna" which I thought was only a sin if you were Catholic.
Every normal man must be tempted, at times, to spit on his hands, hoist the black flag, and begin slitting throats.
-- H L Mencken
Such charges are very common when it comes to drug crimes. Illinois is just applying the theory to an otherwise legal product. But how would they ever prove that a firearm was brought into the state from out of state unless it was legally purchased and registered? And would a "trafficker" really do that?
They still don't get it.
The penalty -- if caught -- is now a much harsher prison sentence.
Has that ever deterred anyone? And what about all the guns already in the state?
Geez, talk about closing the barn door after the horse is gone.
Don't believe everything you think.
NRA Endowment Member
I'm sorry, let me check, when I sold the item in question in my home state, I wasn't required by my state to observe said laws of another state... soo.. how you gonna stop this if they bring them in from other states? Specially private sales?
I am Groot
I'm not sure I understand your question spencer.
I believe the law in Illinois is that you cannot possess a firearm without a FOID (firearm owner I.D.)
This law makes it a crime for a person without an FOID to bring a gun into Illinois with the intent to sell it or transfer it. So the person would already be breaking Illinois law by possessing the gun in the state without a FOID. Of course it logically follows that there would also be a law barring that person from transferring the firearm. And this law does not cover out of state residents who are legally allowed to possess weapons in their home state:
The problem is that the original law from which this one flows (FOID law) is illogical and unconstitutional.
And of course you are correct about enforcement. It will be all but impossible. Not only catching the "bad guy" in the first place, but how are you ever going to prove that he is the one who originally brought the gun into Illinois?
Just more pandering and passing laws for the sake of "doing something."
|Spread the Disease|
Well...that'll fix the problem!
-- Fear is the mind-killer. Fear is the little-death that brings total obliteration. I will face my fear. I will permit it to pass over me and through me. And when it has gone past me I will turn the inner eye to see its path. Where the fear has gone there will be nothing. Only I will remain. --
I think the only way to enforce this will be by undercover operations and confidential informants as is usually done in narcotics investigations.
|Be Well and Keep Your Rifle Clean|
Actually, it is closing the barn door after the horse is in.
There is so much legislation needed in Illinois that would help keep the state solvent but the politicians are both lazy and inept. So, they busy themselves with B.S. stuff to get themselves in front of a camera.
"..AGAINST ALL ENEMIES, FOREIGN AND DOMESTIC,...SO HELP ME GOD."
|I have not yet begun |
They don't charge the gun crimes they have on the books now, what difference is another one going to make?
They plea out dangerous felons multiple times. That'll show 'em!
As long as jaw flapping politicos keep focusing on the tools and not the
After the game, the King and the pawn go into the same box.
This is the way we do things in Illinois. We don't attack the disease, we attack the symptoms and when we realize that didn't work we attack the symptoms again.
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