Mar 29, 2010

More crazy legislation in Illinois.

Bills that ban "Assault Weapons" and .50 calibers.

Sen. Antonio Muñoz (D) Chicago - Jacqueline Y. Collins (D) Chicago introduced SB 3036 that would ban manufacture, sale, possesion of "assault weapons", "assault weapon" attachments, .50 caliber rifles, and .50 caliber cartridges.

Rep. Edward J. Acevedo (D) Chicago - Maria Antonia Berrios (D) Chicago introduced HB 5751 that would  do the same as the above bill.

Sen. Antonio Muñoz (D) Chicago introduced SB 1721 that would do the same as the abovc bills.

Legislation that Requires Micro Stamping

Sen. Dan Kotowski (D) Park Ridge(Chicago) - Jacqueline Y. Collins (D) Chicago introduced SB 3425 - Provides that it is a Class 3 felony for a person to knowingly sell, manufacture, purchase, possess, or carry any semiautomatic handgun manufactured on or after January 1, 2011 that is not microstamp-ready, or any semiautomatic handgun manufactured on or after that date if the person knows that a microstamping mechanism has been unlawfully removed from that handgun. Provides that any person who shall knowingly or intentionally change, alter, remove or obliterate the importer's or manufacturer's microstamping mechanism is guilty of a Class 2 felony.

Legislation to make something that is already illegal more illegal?

Sen. Kwame Raoul (D) Chicago introduced SB0323

Amends the Criminal Code of 1961 and the Unified Code of Corrections. Creates the offense of unlawful possession of a firearm by a street gang member. Provides that a person commits the offense if he or she

(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. Provides that 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. Provides that 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. Effective immediately.

My comments on SB0323:

It seems to make being a criminal illegal?

The bill modifies 720 ILCS 5/12‑6.2, (c)For the purposes of this Section, "streetgang", "streetgang member", and "organized gang" have the meanings ascribed to them in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.(740 ILCS 147/). That act defines what a gang member is, 740 ILCS 147/10 "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.

It makes being a gang related criminal more of a crime. Why don't we just pass a bill that makes commission of a felony with a firearm by ANYONE a class 4 felony with a mandatory sentence.  I believe this has been done in other states, they call it Project Exile. This program actually shifts the prosecution to the Federal circuit, but I think it could be done at a State level.

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