Articles Tagged with weapons charges in Chicago

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A Chicago man is facing federal charges after a nurse spotted a gun protruding out of his pants. The defendant did not have a valid FOID card or a concealed carry permit. He was taken to the hospital after a car accident. He is now facing several weapons charges related to the illegal possession of a weapon. His bond was set at $60,000, but he did not show up for a court appearance on June 24. His bond was reset at $100,000, and a warrant was issued for his arrest. 

According to the report, a nurse called hospital security when she spotted the gun in the defendant’s pants. The gun was confiscated and placed into a safe. Police were notified. The 9mm handgun was found to have seven rounds of ammunition. This is standard protocol for a hospital when they find a gun on a person. The hospital is not a great place to bring a gun. Because the defendant has two prior weapons-related convictions, he was charged with being an armed habitual criminal in possession of a weapon.

Armed Habitual Criminal in Possession of a Weapon Charges

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A 31-year-old Chicago woman pleaded guilty to weapons charges in connection with an arrest related to looting during the George Floyd protests. She was charged with the possession of a firearm by a felon after officers spotted her in the doorway of a bar. The woman was found in possession of about $5,000 in stolen jewelry as well as an illicit handgun. The tags were still attached to the jewelry, which had been looted from a nearby store. 

The defendant had been sentenced previously for aggravated robbery, which is a felony. The felony on her record would bar her from owning a gun. The charge could lead to a maximum sentence of 10 years in prison. However, her attorney announced they would be looking for a sentence in the three-to-five years range. 

Being a Felon in Possession of a Weapon

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It is no secret that landlords conduct background checks and will use evidence of a criminal conviction against you when deciding on your application. For this reason, those with criminal records often find themselves in unsafe neighborhoods in need of personal protection. It is also true that those with criminal records are usually not allowed to own or purchase weapons. In some cases, a weapons charge caused their criminal record in the first place. In these cases, it is often because the individual feels unsafe where they live.

Obviously, this creates a feedback loop of recidivism, and Chicago is starting to catch on to the vicious circles that those in unsafe neighborhoods have to endure. Chicago recently unveiled a housing program that allows those with criminal records to find safe apartments. This reduces the pressure to own weapons.

Entering the Vicious Cycle

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Police have elected not to press charges against a 17-year-old boy who accidentally shot and killed an 8-year-old boy while handling a gun. In cases like these, it is often the gun owner who faces charges for failing to properly secure the gun in a locked safe unloaded as the law requires. However, no one will face charges related to this incident. In some cases, the outcome of an event is tragic enough that the law does not see fit to punish those responsible further. In this case, the gun should not have been accessible to the 17-year-old, and it should not have been loaded. 

Is it Illegal to Improperly Store a Gun?

Yes, but the penalties for this crime are closer to a traffic violation than an actual crime. You can face a $10,000 penalty if a minor gains access to your gun and harms themselves or someone else. Generally speaking, you can also face civil penalties related to injuries suffered by a victim of an accidental gunshot wound.

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Illinois makes it illegal to own automatic weapons in the state. While in other states, you can own certain classes of automatic weapons, Illinois is not among the states that allow such a weapon within its borders. Further, you cannot take a handgun and then refurbish it to fire multiple rounds with a single trigger pull. Lastly, you cannot own a weapon if you have been convicted of certain felonies. 

Now, one man is accused of breaking all three laws after selling a modified Glock to an informant. He has been charged with unlawful possession of a weapon by a convicted felon, modifying a Glock, and illegal possession of a weapon in the State of Illinois. 

To be certain, a modified Glock capable of shooting multiple rounds with a single trigger depression is not legal anywhere in the United States, including Texas where automatic weapons can be owned and purchased so long as they meet specific criteria. 

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ShotSpotter is a technology that aims at reporting gunshots to police officers (Was ShotSpotter involved in the death of Adam Toledo?) However, the technology has been manipulated by ShotSpotter employees to help cops leverage probable cause in cases where they would not otherwise have it. In fact, this constitutes a fraud on the public, the defendant, the court, and society at large. Rather than release documents during a trial, a ShotSpotter spokesperson took the unusual measure of asking the court to hold the company in contempt rather than release documents that would show that the company perpetrated a fraud against the citizens of Chicago. 

What is ShotSpotter and How Does it Work?

Ostensibly, ShotSpotter technology places audio devices around the city which then trigger alarms if they hear a noise that is loud, like a gunshot. The report could give police probable cause to stop individuals in the area. However, evidence has shown that shot spotter employees manipulated reports ex post facto to establish that a gunshot came from a specific location in order to give police probable cause to initiate detentions. 

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As more becomes known about the Highland Park massacre, the ability of the shooter, Robert E. Crimo III, to legally purchase an AR-15-style weapon is under intense scrutiny. Police say that there were two red flags with Crimo, but none of them made it to the attention of federal authorities who handle FOID card applications. Crimo was legally able to purchase the weapon in the Chicago area.

Family members say that they had no warning of the attack. Authorities say that Crimo was the recipient of mental health services after a failed suicide attempt. Afterward, the police removed several knives and a sword from Crimo’s apartment after he threatened to “kill everyone.” Neither of these triggered an arrest giving authorities no good reason for denying Crimo the FOID card. Now, many are wondering what more could have been done to stop the senseless attack on the July 4th parade. 

Crimo has been charged with seven counts of first-degree murder. While Illinois does not have the death penalty, the federal government could opt into the prosecution to pursue the death penalty against the defendant. It remains unclear if terrorism charges will be filed, but it not typical for American citizens to be charged with terrorism. That may change as more mass shootings for political reasons plague the nation. 

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Here’s the story. The police showed up at a woman’s house claiming that someone had called in saying she discharged a weapon inside of her home. They found a .22 caliber single-shot Remington rifle on the property and promptly charged her for possessing a weapon without a FOID card. The weapon had not been discharged, and witnesses at the apartment complex said they did not hear a gunshot. It turned out that the call was made by an estranged ex who wanted to engineer a criminal prosecution against the defendant.

The defendant argued that Illinois’ FOID Law was unconstitutional. The circuit court agreed and vacated her prosecution. However, the Supreme Court was asked to rule on the Constitutionality of Illinois’ FOID card law and would not rule that it was unconstitutional. The prosecution may be remanded back to the circuit court leaving the prosecution unclear under the law. Below, we will discuss the law and why it may be unconstitutional.

Is Illinois’ FOID Card Law Constitutional?

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Under the law, police officers face the same consequences for committing crimes that the general public does. The issue that comes into play is the fact that police officers have more ability to manipulate the law to their advantage than the general public does. When they commit crimes, they understand how an investigation will unfold, they can cover their tracks, and they have the support of their brothers in blue to back them up.

Recently, an off-duty Chicago police officer was charged with discharging her weapon at Sam’s Club when a team of thieves attempted to swipe her SUV. She was in the parking lot with her husband when the theft occurred. The officer opened fire on the thieves and has since been charged with a crime: Reckless discharge of a weapon. Did she really commit a crime?

Analyzing the Charges

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When you think of gun trafficking charges, you generally think of hit TV shows like The Sons of Anarchy. On the show, the bikers formed an uneasy alliance with the Irish Republican Army who manufactured guns for sale on American streets. The bikers made alliances with the cartel and were generally a mass distributor of weapons to criminal organizations. In other words, they dealt in quantity. While gun trafficking like this does occur, it is much more likely that weapons trafficking charges will take on a more modest form.

In one local case, four men were charged with the illegal sale of weapons on the streets to individual buyers. The guns were purchased at gun shows around the country, distributed to a St. Louis defendant who moved the guns into Chicago, where they were distributed to a street-level dealer who sold the guns on the black market. All of this is outside the regulatory framework of gun sales. That makes it illegal. However, it is much easier to pull off a scheme like this than it is to be responsible for managing international distribution over the ocean. Hence, it is much more common to see weapons trafficking charges take this form rather than criminal organizations acting as logistics to gun manufacturers. 

From the Street Level Up

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