Explore The NRA Universe Of Websites

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

Friday, April 21, 2017

Chicago: Mayor Emanuel Demands Tougher Laws for Gun Dealers as Straw Purchaser Gets Probation

On Tuesday, Chicago Mayor Rahm Emanuel met with representatives of the UCAN organization to make the case for further gun controls to combat the city’s violent crime. Chicago’s WLS reported that Emanuel used the opportunity to demand enactment of "strong and sensible" legislation targeting firearms dealers while lambasting federal gun laws as weak. However, a sentence handed down in a recent straw purchasing case bolsters the argument that the city’s violent crime problem is a result of weak and inconsistent enforcement of existing law rather than a need for more gun control.

Back in September, the Chicago Police Department issued a press release announcing the arrest of 22-year-old Mount Prospect, Ill resident Simone Mousheh on four felony charges for selling two firearms to a gang-affiliated man in Chicago. Mousheh held a Firearm Owners Identification (FOID), which is required to possess firearms in Illinois, and used it to purchase at least four firearms over a six-month period. The report noted that after lawfully acquiring two of the firearms, Mousheh sold them to the Chicago man despite being “aware that he did not possess an FOID card and that he was on probation for domestic battery.” According to the report, “Mousheh had also made a $1000.00 cash deposit” on an additional firearm. Further, Police noted that Mousheh “is not an uncommon example of a female with a valid FOID that illegally sells guns for profit.”

The press release also forecasted, “History has shown that these cases usually result in a plea of guilty in exchange for felony probation” and, “The felony arrest is not expected to result in jail time…”

Last week the department’s prediction came true, as it was reported by the Daily Herald that Mousheh had pleaded guilty in the case and was sentenced to 15 day stint in Cook County’s “Sheriff's Work Alternative Program” (S.W.A.P.), 12 months of probation, and a $679 fine.

Illinois has some of the country’s most stringent laws concerning the transfer of firearms, requiring a transferor to determine a transferee’s status as a FOID holder. 720 Ill. Comp. Stat. 5/24-3 provides that,

A person commits the offense of unlawful sale or delivery of firearms when he or she knowingly… Sells or transfers ownership of a firearm to a… person who does not display to the seller or transferor of the firearm either: (1) a currently valid Firearm Owner's Identification Card that has previously been issued in the transferee's name by the Department of State Police under the provisions of the Firearm Owners Identification Card Act; or (2) a currently valid license to carry a concealed firearm that has previously been issued in the transferee's name by the Department of State Police under the Firearm Concealed Carry Act.

Those in violation of this statute can be convicted of a Class 4 Felony, which can carry a sentence of up to three years imprisonment.

Illinois also has an “unlawful purchase of a firearm” statute that is aimed at combatting straw purchasers. 720 Ill. Comp. Stat. 5/24-3.5 makes clear,

A person commits the offense of unlawful purchase of a firearm who knowingly purchases or attempts to purchase a firearm with the intent to deliver that firearm to another person who is prohibited by federal or State law from possessing a firearm.

and,

A person commits the offense of unlawful purchase of a firearm when he or she, in purchasing or attempting to purchase a firearm, intentionally provides false or misleading information on a United States Department of the Treasury, Bureau of Alcohol, Tobacco and Firearms firearms transaction record form. 

The sentence for a violation of this statute carries varies on the volume of illegal conduct the straw purchaser engaged in, and holds,

A person who commits the offense of unlawful purchase of a firearm: (A) is guilty of a Class 2 felony for purchasing or attempting to purchase one firearm; (B) is guilty of a Class 1 felony for purchasing or attempting to purchase not less than 2 firearms and not more than 5 firearms at the same time or within a one year period;

A Class 2 Felony carries a sentence of up to 7 years imprisonment, while a Class 1 Felony carries up to 15.

Straw purchasers are a significant source of firearms for those who commit criminal violence. A 2000 ATF report on firearms trafficking found that “Straw purchasing was the most common channel in trafficking investigations.” No matter how onerous a transfer law might be, criminals will still acquire firearms using straw purchasers, as illustrated in the present case. A better emphasis would be to focus on aggressively prosecuting those who buy firearms for dangerous criminals.

The punishment handed down in this case should lead many to question just how serious Chicago officials are about stemming violence in their city. Chicago officials like to talk tough to their constituents about the need to further restrict the rights of law-abiding gun owners, but frequently fail to vigorously pursue actual criminal offenders.

TRENDING NOW
Report: House of Representatives to Vote on Two Gun Control Bills!

News  

Tuesday, March 2, 2021

Report: House of Representatives to Vote on Two Gun Control Bills!

According to reports from Capitol Hill, the Democrat-controlled U.S. House of Representatives plans to vote on two gun control bills as early as next week. The first bill, so-called “universal” background check legislation, would criminalize ...

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

News  

Thursday, February 11, 2021

H.R. 127 – A Bill Designed to Express Hostility Toward Law-Abiding Gun Owners

All gun control bills share the same basic goal: a world in which fewer people own firearms. Some bills simply ban certain types of firearms or ammunition outright. Others place obstacles in the path of ...

Colorado: Committee Passes Anti-Gun Measure That Further Victimizes Gun Owners

Friday, March 5, 2021

Colorado: Committee Passes Anti-Gun Measure That Further Victimizes Gun Owners

Last night, the Senate Judiciary Committee passed anti-gun Senate Bill 78.  

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Thursday, March 4, 2021

Connecticut: Firearm Seizure Bill Set for Committee Hearing

Tomorrow, March 5, at 10:00 AM, the Connecticut Judiciary Committee will hold a public hearing on House Bill 6355, which will take away the constitutional rights of individuals, without adequate due process.

Friday, February 5, 2021

Florida Alert! H.R. 127 - Federal Gun Control Proposal

Much is being said about H.R. 127 By Shelia Jackson Lee (D-TX) 117th Congress and we have had many folks contacting us seeking information. 

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Another Anti-Gun Extremist Promoted for Biden’s Cabinet

News  

Monday, March 8, 2021

Another Anti-Gun Extremist Promoted for Biden’s Cabinet

President Biden’s nominee to serve as United States Secretary of the Interior, U.S. Representative Deb Haaland (D-NM), is yet another cog Biden hopes to fit into his administration’s anti-gun machine. Perhaps it would be more ...

South Dakota: Stand Your Ground Enhancement Legislation Successfully “Smoked Out” to the Floor

Friday, March 5, 2021

South Dakota: Stand Your Ground Enhancement Legislation Successfully “Smoked Out” to the Floor

Yesterday, important self-defense legislation, House Bill 1212, was brought to the Senate Floor following a successful “Smoke Out” motion by Senator Wiik.

Alabama: $500 Cost Added to Lifetime Carry Permit Bill

Thursday, March 4, 2021

Alabama: $500 Cost Added to Lifetime Carry Permit Bill

The House Public Safety and Homeland Security Committee passed House Bill 477 by a voice vote to create a new lifetime carry permit option for state residents. Unfortunately, Rep. Harry Shiver (R-64) made an amendment to ...

Clyburn Background Check Bill Would Flip Burden of Proof, Allow FBI to Indefinitely Delay Firearm Transactions by Inaction

News  

Monday, March 8, 2021

Clyburn Background Check Bill Would Flip Burden of Proof, Allow FBI to Indefinitely Delay Firearm Transactions by Inaction

On March 1st, Clyburn introduced H.R. 1446, the so-called “Enhanced Background Checks Act.” Under the bill, the FBI could indefinitely block federally licensed dealers (FFLs) from transferring firearms, simply by failing to provide decisions on the background ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.