* Check out our Press Release of the Day from the Illinois State Rifle Association…
Press Release - Bill That Would Effectively Prohibit African Americans and Hispanics From Buying Guns Advances in the Illinois General Assembly
Law-abiding African Americans and Hispanics would take it on the chin under a bill now moving through the Illinois General Assembly. Sponsored by Rep. Harry Osterman (D-14), HB6123 would prohibit any person or entity from selling a firearm to a so-called “street gang member.” This prohibition applies even if the individual has passed a Brady Law FBI background check. Making a prohibited sale would result in Class 1 felony charges and possible jail time for the seller. Although the ISRA supports genuine efforts to curb criminal violence, the organization is strongly opposed to HB6123 as the bill’s provisions are arbitrary and pose an unreasonable intrusion on the rights of law-abiding Illinois citizens.
“HB6123 promotes racial profiling at its worst,” commented ISRA Executive Director, Richard Pearson. “Popular culture has branded urban minorities with the ‘gangsta’ stereotype that is pervasive well beyond the confines of actual criminal enterprises. Today’s fashion, music, slang and lifestyle are all heavily influenced by the urban experience. Given that the provisions of HB6123 establish no test for determining ’street gang’ membership, and given the harsh penalties for violating the proposed law, it is understandable that retailers would shy away from selling firearms to persons whose speech, dress, mannerisms, or taste in music reflect the urban lifestyle.” […]
“The bottom line is this,” said Pearson. “If HB6123 is passed into law, the calendar on race-relations will be turned back 70 years and there will not be a gun shop in the state that will sell a firearm to an African American or Hispanic person. If that’s Rep. Osterman’s intent, then he has a lot of explaining to do.”
From the actual bill…
[A person commits the offense of unlawful sale of firearms when he or she knowingly does any of the following:]
Knowingly sells or gives any firearm to any person who is a street gang member. For purposes to this paragraph: “street gang member” has the meaning ascribed to the term “street gang member” in Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act.
Here’s how a streetgang member is defined in current 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.
This has nothing to do with baggy pants or civil rights.
* On a totally unrelated note, remember this from the other day about how Gov. Pat Quinn had apparently chosen the wrong school district to make the case for his education tax hike? Springfield’s superintendent had this to say…
Walter Milton, Springfield’s schools superintendent, said his district could prevent layoffs next year even if Quinn’s proposed education cuts go through.
Milton said the Springfield district averages about 100 new teachers each year to keep classroom sizes down, but that likely would fall to 30 or 40 if the state cuts school funding. The state also owes the district about $6 million in payments, though Milton said the district has been able to plug the hole from excess funds elsewhere.
It appears Milton spoke out of school…
The Springfield School District has started receiving nearly $15 million in federal economic stimulus funds. But most of the highly regulated money won’t help the district with its $8 million budget deficit or avert the need to eliminate 56 teaching positions and other proposed cuts next year.
Roughly $6 million, 40 percent of the $14.7 million in federal money, covers state government’s unmet or reduced obligations to Springfield schools this year.
“It is not extra money. It’s how the state is using the money they receive from the feds to pay their bills,” wrote Springfield schools business director Agnes Nunn in an e-mail.
So, he’s cutting 56 teaching positions next year and it appears directly related to the state. And he had to have known that when he made that comment to the media.
- Leroy - Monday, Mar 15, 10 @ 12:51 pm:
Why not mandate a state gang registry?
Charge the gang a $50 ‘organization fee’ to register with the state to cover costs.
- Deep South - Monday, Mar 15, 10 @ 12:56 pm:
So the Illinois State Rifle Associations wants everyone to believe that all Hispanics and all African-Americans are street gang members?
Who’s gonna buy into that one?
- Jaybee - Monday, Mar 15, 10 @ 1:06 pm:
As much as I suspect the ISRA could care less about racial profiling, the point is a fair one. They aren’t arguing that retailers would actually be violating the law by selling to Latinos and African-Americans, they are arguing that retailers will be afraid of unwittingly violating the law and they will instead just not sell to those who “reflect the urban lifestyle.” Yes, it reeks of “oh, we’re not racist, but everyone else is,” and yes, “reflect the urban lifestyle” is the most awkward euphemism they could have chosen, but underneath it’s idiotic exterior it’s not a totally ridiculous argument.
- Amalia - Monday, Mar 15, 10 @ 1:09 pm:
The ISRA is calling Harry Osterman a racist. What a crock.
- Just Observing - Monday, Mar 15, 10 @ 1:19 pm:
I agree with Jaybee’s comments above. When I first heard of this proposal, before the press release, I had the same reactions as the ISRA. While I don’t think Rep. Osterman is a racsist, I do find the proposal to be strongly misguided and asinine.
- Skeeter - Monday, Mar 15, 10 @ 1:32 pm:
I’m still tring to sort out what exactly a gang is. If you are going to make something a crime, you should define it a bit better than that. I don’t think the law is racist as much as it creates enforcement problems. Can the dealer just handle it with a form: “Sign here so that I know you don’t belong to a gang.” Or does the dealer need to do any investigation — “Hey, the Hells Angels on the back for your jacket. Is that just a design, or do you belong” or “I couldn’t help but motice that you are wearing a lot of blue. Is there some reason you have chosen that particular color?”
It just seems sort of ridiculous.
- WhatThe - Monday, Mar 15, 10 @ 1:35 pm:
I find it funny that there has been no mention of the meeting last week of all District 186 first and second year teachers. They were basically told that they were all going to be laid off and then some would be re-hired. I’m not certain of the numbers, but that affected over 200 teachers. Milton is straight up lying to either the teachers or the press, maybe both.
- Really?? - Monday, Mar 15, 10 @ 1:36 pm:
I’m guessing the African-American and Latino communities aren’t looking for any help from the ISRA.
- Loop Lady - Monday, Mar 15, 10 @ 1:57 pm:
ok, aint it funny how WCW and Cassandra haven’t piped in about how Milton misspoke? Hmmmmmmm….
- COPN - Monday, Mar 15, 10 @ 1:58 pm:
What is scarier to a legislator voting on this bill: voting yes and being accused of turning back race-relations 70 years, or voting no and being accused of giving “gang bangers” more guns?
Oh the uncomfortable joys of racially charged campaign rhetoric.
- Montrose - Monday, Mar 15, 10 @ 2:08 pm:
I cannot handle all the irony embedded in the ISRA’s press release.
- chitownhv - Monday, Mar 15, 10 @ 2:15 pm:
ISRA doesn’t want us to label gun owners as crazy rednecks yet labels all blacks and latinos as baggy-pants wearing gang bangers. Nice.
- Lefty Lefty - Monday, Mar 15, 10 @ 2:22 pm:
Does anybody who’s defending ISRA notice the word “KNOWINGLY” at the beginning of the legislation? And in the preceding intro clause? Can it be any clearer that the whole press release is racist and misleading? Specifically regarding Jaybee’s comment, you can’t “unwittingly knowingly” sell a gangbanger a gun. See how that works?
- fredformerAnon - Monday, Mar 15, 10 @ 2:39 pm:
The law is stupid. Lefty Lefty is right, “Knowingly” is an important point. However, how can you prove someone, “knowingly” sold to a gang member.
Lets call the law what it is, a backdoor way to harass gun dealers. If someone is a felon or engaged in a crime then it is already illegal for them to purchase a firearm. What purpose does this law serve.
- fedup dem - Monday, Mar 15, 10 @ 2:40 pm:
Note to Lefty Lefty: while you may be correct about “you can’t ‘unwittingly knowingly’ sell a gangbanger a gun,” if the authorities wished to charge someone under Osterman’s proposal, it would still cost that person a pretty penny to fend off these charges, baseless as they may be. Given the fact that Osterman is a product of the clique in the 48th Ward that goes back to the late 1970s (when his late mother was a loyal ally to Ald. Marion Volini, who won her City Council seat in a very racially-charged campaign, and Volini’s husband Camilio, the attorney who helped defend Ed Hanrahan in the Black Panther case), those of us who can recall those election campaigns find it difficult to be shocked by Osterman’s actions. After 32-plus years, thing haven’t changed that much in the “liberal” elite of Edgewater.
- Skeeter - Monday, Mar 15, 10 @ 2:42 pm:
Lefty,
“Knowingly” is awful broad in that context.
The person is wearing an oversized white t-shirt and a blue headband.
Gangmember?
The person is wearing an oversized white t-shirt, no headgear. Gangmember?
Do we really want to prosecute based on that information?
- D.P. Gumby - Monday, Mar 15, 10 @ 2:45 pm:
just another example of the absurdity of the ISRA and NRA…rationality has been replaced by any crazy foam-at-the-mouth position that can be used to scare somebody…anybody. This is priceless–offend the african-american and hispanic as being all gang-bangers communities and scare the white community that all the minorities are going to get guns! These guys are just despicable.
- grand old partisan - Monday, Mar 15, 10 @ 2:48 pm:
The underlying spirit of Osterman’s bill is hard to criticize. Who doesn’t want to prevent gang members from getting their hands on guns?? But the ISRA has a point. In a very real (and weird) way, the ISRA has simply beaten the ACLU to the punch here. Imagine what will happen when the first gun store owner walks through the door of CYA-fueled profiling openned by this bill. How quickly do you think it will take for the lawsuit to be filed in court and framed in the media as a civil rights issue?
- wordslinger - Monday, Mar 15, 10 @ 2:49 pm:
When it comes to conceal and carry, doesn’t the ISRA say that businesses MUST allow folks with firearms into their establishments, or they can be sued?
Even Justices Scalia and Thomas won’t allow firearms into their place of business.
- Rich Miller - Monday, Mar 15, 10 @ 2:52 pm:
fredformerAnon, believe it or not there is a problem with dealers selling to gangs. Hence th bill.
- 47th Ward - Monday, Mar 15, 10 @ 3:00 pm:
This is chapter 98,537 in the proxy war for gun control in Illinois. The 2nd Amendment prevents Illinois from banning guns, which is what Mayor Daley (and presumably Osterman) really wants, while the ISRA seems to argue that everyone ought to be required to own a gun (and that it is downright un-American not to own a gun).
Well intentioned but misguided legislation is the result. Osterman’s bill is more tinkering on the edge of the issue and isn’t worth the paper it is written on. The ISRA response is equally a waste of paper (or pixels).
It is legal to own, possess, buy, sell and properly use firearms in Illinois. We can attempt to place some reasonable limits on this right, but we should also expect ISRA to oppose them. These oblique attempts to craft ridiculous and impossible to enforce restrictions are a waste of time.
- Dozer - Monday, Mar 15, 10 @ 3:11 pm:
If someone has a FOID card and can pass a background check, why should they be denied ?
This bill sets up a profiling and Skeeter is right. Are tattoos enough to convict someone of knowingly? what about patches or hats? I’ve seen gangland on cable and they talked about shoe laces of certain colors.
What is enough are are they going to just pull a half assed sting and arrest the dealer and let him sort it out later.
Rich — your wrong. You pressume that the dealer is selling directly and knows of it. If gangs are getting guns, then lets see the trace info and see the chain of custody. Dealers cant sell a handgun to someone without a FOID card. They can sell a rifle or shotgun to someone from out of state, but an Illinois resident needs to have a FOID card for that sale as well.
So how do you not sell a gun to someone who has a FOID card and passes a background check if they have no criminal convictions but is based upon an alleged asociation? And how is the dealer really suppose to “know” if that person is in a “gang” or not? The definition is so braod that the civil rights movement might have been charged under it in the 60s in Mississippi.
don’t forget that 50% of the guns picked up in Illinois come from out of state.
- 05FLHT - Monday, Mar 15, 10 @ 3:13 pm:
The ISRA is speaking out against a bill that does nothing but create a possible illegal misstep, by an otherwise law abiding individual. What part of this bill creates any new safeguard against a precluded individual from obtaining a firearm?
Individuals convicted of felonies or misdemeanor domestic violence are already precluded from possessing, much less purchasing a firearm. The same is already true for “gang members.” See IL720.
(720 ILCS 5/24‑1.8)
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 (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.
Again, what is Osterman trying to accomplish? How much more illegal does he think something needs to be before a “criminal” will respect the law? I do not have the statistics, but I bet most, if not all gun crimes committed in Cook county are by individuals without FOID cards, who are already precluded from possessing firearms.
With the definition of “gang member” being so vague, how does a lawful dealer determine if he can sell to an individual? Does he look for a crooked hat, check a listing of “gang” colors or does the individual need to strip down to be checked for “gang” tattoos? This is the point the ISRA is trying to make. If you dress urban (read like a gangster), is this basis enough, despite possession of a valid FOID card and otherwise lawful status, to deny a firearm sale?
- WPZ - Monday, Mar 15, 10 @ 3:20 pm:
I had to point out to my Democratic state rep that even if she held an FOI, under Osterman’s law she would have to be denied a firearm purchase as she belongs to an “organization” with a “hierarchy” “engaged in criminal activity”- the Cook County Democratic Machine.
Take a look at the Oxford Country Club to qualify that.
The bill is still noxious, an affront to the first amendment as well as the second, and simply begs for prosecutorial excesses.
We’re ordering up prizes for Not Getting It to all the posters casting the ISRA as either white or racist.
Do your research first. Then, take a course in reading.
- Dozer - Monday, Mar 15, 10 @ 3:33 pm:
“Course or pattern of criminal activity” means 2 or more gang related criminal offenses committed in whole or in part within this State when:
(1) at least one such offense was committed after
the effective date of this Act;
(2) both offenses were committed within 5 years of
each other; and
(3) at least one offense involved the solicitation
to commit, conspiracy to commit, attempt to commit, or commission of any offense defined as a felony or forcible felony under the Criminal Code of 1961.
“Course or pattern of criminal activity” also means one or more acts of criminal defacement of property under Section 21 1.3 of the Criminal Code of 1961, if the defacement includes a sign or other symbol intended to identify the streetgang.
so 1 tagging can get you branded a gang member a new low for a misdemenor and removing your rights.
second I wonder what happens to those union guys on picket lines when it gets rough? So now they are in a gang and all of them can’t buy a gun cuase the guy selling it to them would be committing a felony….
“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.
How about the 5th floor of City Hall — I know they have a handgun ban so it wouldn’t work there…
For purposes of this Act, it shall not be necessary to show that a particular conspiracy,…
You don’t even have to prove up or “show” the cause of the conspircy?!?! you just have to take our word for it….
cont’…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.
So if we believe it to be true then we can admit it in evidence to show we were right. This is horses**t of a underlying definition and a bigger pile of horses**t the city and osterman are selling
- Lefty Lefty - Monday, Mar 15, 10 @ 3:55 pm:
All good points. Except I think that being a gang member by definition prevents you from legally obtaining a FOID. (A “gang member” is involved in criminal activity by definition, I think.) And you don’t know anything about a person from how he dresses. I think “knowing” means actually “knowing,” not suspecting.
My take: Daley can’t get the gun ban to stick so he wants the scumbag gun dealers on the west side who know they are selling to gang members to be liable criminally. With that said, I have no reason not to believe fedup dem’s story. It is Chicago, after all.
- PeteyPal - Monday, Mar 15, 10 @ 5:50 pm:
If this bill is passed, I can easily invision a scenario where a person is arrested while involved in gang activity. The cops find a gun, run a trace on the gun, and find out it was bought at XYZ Gun Shop. The cops go and arrest the gun shop owner for selling the gun to a gang member. When prosecuting the case, the State’s Attorney will claim the gun shop “should have known” the buyer was a gang member. This bill is nothing more than yet another way of trying to run gun shops out of business.
Any person who can pass a background check has a right to acquire a firearm, regardless of whether they belong to the Knights of Columbus or the Latin Kings.
- ????? - Monday, Mar 15, 10 @ 6:00 pm:
Wow what’s the difference between this and outlawing gun ownership for law abiding citizens.
Since by Chicago Police Stats 85% of all crimes committed with guns are done by previously convicted felons, who by law aren’t even suppose to have guns, why not try this?
I would think since all of these anti gun rallies in Chicago take place led by Mayor Daley and minorities that all their legislators would jump on this bill and it would pass with flying colors
Oh but of course this might be considered discriminatory, just like not letting law abiding citizens possess guns in Chicago
For once it would be nice to see Daley and these anti gun groups put their money where there mouth is, since statistically speaking most gun violence in Chicago is committed by gang members and quite frankly it doesn’t matter what race they are.
This might take a few guns off the street, but with all the laws that exist now, the felons still get guns, but for once why not target the group doing the most harm - gangs
- PeteyPal - Monday, Mar 15, 10 @ 6:44 pm:
Nobody has yet answered the question as to how a gun dealer is supposed to know if a customer is a “gang member.”
- Wumpus - Monday, Mar 15, 10 @ 8:32 pm:
PeteyPal-
Answer-(In a Jeff Foxworthy voice) if your gun buying custer is Black or Latino..they might be a gang member. So basically, if you know and say hello on occassion to a gang memebr, you are in violation. Does thge whinteract w/gang mbrrss angaterrvntion types?
- D.P. Gumby - Monday, Mar 15, 10 @ 9:51 pm:
W.P.Z. While were on the subject of turning the clock back, when did the ISRA and the NRA shift from being a “rifle” association to a cheap handgun and automatic weapons association as well as suddenly becoming interested in civil rights? Indeed, it looks like it is the ED of the ISRA who is engaging in “racial profiling” by suggesting in the press release that only blacks and hispanics will be targeted. Hell’s Angels were mentioned–not particularly diverse–also mentioned was the Cook Cty Dem Org. For that matter, both the Chicago Police Dept and the Cook Cty Sheriff’s Ofc could meet the defn. Perhaps even the ISRA?? None strictly minority organizations.