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
NRA-ILA Backed Lawsuit Filed Challenging Oregon Measure 114

Thursday, December 1, 2022

NRA-ILA Backed Lawsuit Filed Challenging Oregon Measure 114

Today an NRA-backed lawsuit was filed challenging Ballot Measure 114, which voters passed by a slim margin last month. Measure 114 creates a falsely labeled “permit to purchase” a firearm requirement and bans standard capacity magazines, which it ...

NY AG James Sends Threatening Letter to Ammunition Sellers

News  

Monday, November 21, 2022

NY AG James Sends Threatening Letter to Ammunition Sellers

In a move that surprised absolutely nobody, anti-gun New York Attorney General Letitia James (D) announced last week that she would expand her assault on the Second Amendment by targeting ammunition sellers. AG James claimed, ...

Maryland: Montgomery County Passes Carry Restrictions

Wednesday, November 16, 2022

Maryland: Montgomery County Passes Carry Restrictions

Maryland’s most anti-gun county has continued its tantrum, lashing out against lawful carry in the only way it thinks it can. Yesterday, the Montgomery County Council voted unanimously to pass Bill 21-22E, to remove the exemption ...

Recent ATF Action Shows Need for Suppressor Reform

News  

Monday, March 14, 2022

Recent ATF Action Shows Need for Suppressor Reform

As we reported last week, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) denied approximately 850 Form 1 applications for prospective makers of suppressors on February 28. These denials were apparently made due to ...

Hawaii: Honolulu Seeks to Severely Restrict Carry

Monday, November 28, 2022

Hawaii: Honolulu Seeks to Severely Restrict Carry

Tomorrow, Tuesday, November 29th, the Honolulu City Council will hear an ordinance to prohibit citizens from exercising their right-to-carry in many places. This is an attempt to ignore the U.S. Supreme Court’s NYSRPA v. Bruen ...

Colorado: Broomfield City Moves to Adopt Gun Control Package to Diminish Second Amendment Rights!

Thursday, December 1, 2022

Colorado: Broomfield City Moves to Adopt Gun Control Package to Diminish Second Amendment Rights!

Earlier this week, Broomfield City Council advanced a gun control package to impose on law-abiding citizens.  The second reading will be held in January.  In truth, none of the slew of regulations will stop criminals ...

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

News  

Friday, April 1, 2022

NRA Achieves Historical Milestone as 25 States Recognize Constitutional Carry

Half the country will now enjoy the freedom to carry a handgun for self-defense without a permit from the state thanks to the tireless efforts of men and women of the National Rifle Association. 

ATF Mass Denial of Suppressor Form 1 Applications

News  

Monday, March 7, 2022

ATF Mass Denial of Suppressor Form 1 Applications

On February 28, the Bureau of Alcohol, Tobacco, Firearms and Explosives (“ATF”) denied approximately 850 Form 1 applications for prospective makers of suppressors. These denials were apparently made due to a change in ATF policy ...

CPRC: FBI Wrong – Armed Citizens Stopped at Least 34% of “Active Shooter” Attacks

News  

Monday, October 17, 2022

CPRC: FBI Wrong – Armed Citizens Stopped at Least 34% of “Active Shooter” Attacks

Recent polling indicates that an increasing number of Americans view the Federal Bureau of Investigation (FBI) with distrust and disfavor. The results of a national survey conducted in August by Rasmussen Reports found that a majority of voters asked ...

CA DOJ Gun Owner Data Leak Due to “Deficiencies in Policies, Procedures, and Inadequate Oversight” Study Finds

Wednesday, November 30, 2022

CA DOJ Gun Owner Data Leak Due to “Deficiencies in Policies, Procedures, and Inadequate Oversight” Study Finds

Today, the California Department of Justice announced an independent study was completed regarding the recent data leak of gun owner information. The study found that while the leak was not intentional, it was "due to a number of ...

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.