In Illinois, the law takes a firm stance against gun violence, particularly when it involves Street Gangs. The Illinois Compiled Statutes (ILCS) includes a section specifically addressing the unlawful possession of firearms by street gang members. This law, outlined in 720 ILCS 5/24-1.8, aims to curb gun-related crime by targeting individuals who are part of street gangs and illegally possess firearms. This article breaks down this statute to provide a clear understanding of what constitutes unlawful possession, who it applies to, and the serious penalties involved.
Defining Unlawful Possession for Gang Members
The Illinois law clearly defines what constitutes unlawful possession of a firearm by a street gang member. According to section 24-1.8 of the 720 ILCS 5, an individual commits this offense when they knowingly engage in the following actions:
(1) Possessing Firearms in Public Spaces:
It is illegal for a street gang member to possess, carry, or conceal a firearm and firearm ammunition on their person while in public areas. These public areas include streets, roads, alleys, gangways, sidewalks, or any other lands. This restriction applies at all times, except when they are inside their own home or their fixed place of business. Crucially, this is only unlawful if the individual has not been issued a currently valid Firearm Owner’s Identification Card (FOID card). This means that even if a person is a gang member, they are not in violation of this specific statute if they are legally allowed to own a firearm and are in their own residence or business.
(2) Possessing Firearms in Vehicles:
The law also prohibits street gang members from possessing or carrying firearms and firearm ammunition in a vehicle under specific conditions. It is unlawful if both the firearm and ammunition are immediately accessible at the time of the offense. This restriction applies while they are on any street, road, alley, or any other lands, again, except when inside their own home or garage. Similar to the previous point, this is contingent on the individual not possessing a valid FOID card. The law targets the ready availability of firearms to gang members in public and in vehicles, recognizing the potential for immediate use in illegal activities.
Penalties for Violation: A Class 2 Felony
Unlawful possession of a firearm by a street gang member is classified as a Class 2 felony in Illinois. This designation carries significant legal consequences. If convicted, an individual faces a prison sentence of no less than 3 years and up to 10 years. Furthermore, the law is particularly strict when the firearm involved was loaded or contained firearm ammunition. In such cases, the court is mandated to sentence the offender to a term of imprisonment, with probation, periodic imprisonment, or conditional discharge explicitly prohibited. The sentence must be no less than the minimum term of imprisonment authorized for a Class 2 felony, reinforcing the severity of the offense, especially when a loaded weapon is involved.
Defining “Street Gang” and “Street Gang Member”
To fully understand this law, it’s essential to know how “street gang” and “street gang member” are defined. The statute itself refers to Section 10 of the Illinois Streetgang Terrorism Omnibus Prevention Act for these definitions. This cross-reference ensures legal consistency and utilizes established definitions within Illinois law to identify and address gang-related crime. Consulting the Illinois Streetgang Terrorism Omnibus Prevention Act is crucial for a complete legal understanding of who this firearm possession law targets.
Conclusion: Combating Gang-Related Gun Crime
720 ILCS 5/24-1.8 is a critical piece of legislation in Illinois aimed at reducing gun violence associated with street gangs. By specifically criminalizing the unlawful possession of firearms by gang members in public spaces and vehicles, the law seeks to proactively prevent gun-related offenses. The severe penalties, particularly the mandatory imprisonment for offenses involving loaded firearms, underscore the state’s commitment to tackling gang-related crime and enhancing public safety. Understanding this law is vital for law enforcement, legal professionals, and community members concerned with addressing gang violence in Illinois.
(Source: P.A. 96-829, eff. 12-3-09.)
