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Under indictment yet trys to make felons out of all of us
City Council panel approves minimum five days behind bars for those caught with illegal weapons
Posted by Hal Dardick at 7 a.m.; updated at 3:20 p.m.
A City Council committee today approved an ordinance to require at least a few days behind bars for anyone convicted of illegally carrying a gun under city ordinances.
But the measure's fate is in question after influential Ald. Edward Burke (14th) spoke out against the ordinance, which the full City Council may consider next week.
Even if the measure passes the council, it will affect only a small percentage of gun-related cases in the city. That's because it applies to those charged under city ordinances instead of state laws.
Committee Chairman Ald. Isaac Carothers (29th) said the ordinance is needed.
“I think that as we continue to talk about getting tough on guns, we have to have some laws to back up what we say,” he said, noting that most people convicted at the municipal level of illegally toting a gun get off with supervision or a minimal amount of time already served in jail.
Under the measure, a first offense would carry a minimum five-day sentence, a second offense a minium 15 days and a third offense at least 30 days. The maximum penalty would be six months. And the fine for carrying a gun would increase to $300 from $200.
The penalties would not apply to those carrying other types of dangerous weapons, such as switchblades or brass knuckles under the proposal the council's Police and Fire Committee signed off on.
But Ernest Brown, the Chicago Police Department's chief of organized crime, said that whenever someone is arrested on a public way in Chicago, they automatically face state felony charges, not the municipal offense.
Since the start of 2008, municipal courts have handled only 385 cases where someone was charged with illegally carrying a weapon, compared to thousands of felony gun cases that went to state court during that time, statistics gathered by the committee show. It was unclear how those 385 cases ended up in municipal and not state court.
Burke said he was concerned about the owners of liquor store or currency exchanges who have guns at work to protect themselves and might get caught transporting the weapon. “To say that person should go to court on a mandatory basis I think is ill advised,” he said.
Posted at 7 a.m.
The Chicago City Council Police and Fire Committee today will consider an ordinance to impose mandatory jail time for those caught toting unauthorized guns.
Ald. Isaac Carothers (29th) and three other aldermen who each represent parts of the Austin neighborhood say their proposal is a response to recent West Side shootings.
Too often gang members caught carrying handguns go to court, get sentenced to supervision and walk, he said.
“We are trying to send a message to tell people, don’t carry a weapon in Chicago illegally,” said Carothers, who is continuing to serve as police committee chairman after his federal corruption indictment this year.
Police officers, jail guards and others authorized by state law to carry guns would be exempt. The measure also would apply to people who sell, have or carry assault weapons or ammunition, as well as a variety of other dangerous weapons, including switchblades and metal knuckles.
Handgun possession is generally illegal in Chicago, but this newly-proposed ordinance would only apply to those violating carry and conceal provisions of city law.
A first offense would carry a minimum five-day jail sentence. Second offenses would trigger a minimum 15-day sentence, and a third or subsequent offense would carry a minimum 30 days. The maximum penalty would be six months. Fines for toting handguns would increase to $300 from $200.
County prosecutors, meanwhile, would like to know more about the proposal, said Sally Daly, spokeswoman for Cook County State’s Atty. Anita Alvarez.
The city clearly has authority to mandate jail sentences, Daly said. Police also have the option of leveling charges under city ordinances instead of state law, but there is some question about how that decision might be made, Daly said.
Posted at 07:01:00 AM in Chicago City Council
Posted by Hal Dardick at 7 a.m.; updated at 3:20 p.m.
A City Council committee today approved an ordinance to require at least a few days behind bars for anyone convicted of illegally carrying a gun under city ordinances.
But the measure's fate is in question after influential Ald. Edward Burke (14th) spoke out against the ordinance, which the full City Council may consider next week.
Even if the measure passes the council, it will affect only a small percentage of gun-related cases in the city. That's because it applies to those charged under city ordinances instead of state laws.
Committee Chairman Ald. Isaac Carothers (29th) said the ordinance is needed.
“I think that as we continue to talk about getting tough on guns, we have to have some laws to back up what we say,” he said, noting that most people convicted at the municipal level of illegally toting a gun get off with supervision or a minimal amount of time already served in jail.
Under the measure, a first offense would carry a minimum five-day sentence, a second offense a minium 15 days and a third offense at least 30 days. The maximum penalty would be six months. And the fine for carrying a gun would increase to $300 from $200.
The penalties would not apply to those carrying other types of dangerous weapons, such as switchblades or brass knuckles under the proposal the council's Police and Fire Committee signed off on.
But Ernest Brown, the Chicago Police Department's chief of organized crime, said that whenever someone is arrested on a public way in Chicago, they automatically face state felony charges, not the municipal offense.
Since the start of 2008, municipal courts have handled only 385 cases where someone was charged with illegally carrying a weapon, compared to thousands of felony gun cases that went to state court during that time, statistics gathered by the committee show. It was unclear how those 385 cases ended up in municipal and not state court.
Burke said he was concerned about the owners of liquor store or currency exchanges who have guns at work to protect themselves and might get caught transporting the weapon. “To say that person should go to court on a mandatory basis I think is ill advised,” he said.
Posted at 7 a.m.
The Chicago City Council Police and Fire Committee today will consider an ordinance to impose mandatory jail time for those caught toting unauthorized guns.
Ald. Isaac Carothers (29th) and three other aldermen who each represent parts of the Austin neighborhood say their proposal is a response to recent West Side shootings.
Too often gang members caught carrying handguns go to court, get sentenced to supervision and walk, he said.
“We are trying to send a message to tell people, don’t carry a weapon in Chicago illegally,” said Carothers, who is continuing to serve as police committee chairman after his federal corruption indictment this year.
Police officers, jail guards and others authorized by state law to carry guns would be exempt. The measure also would apply to people who sell, have or carry assault weapons or ammunition, as well as a variety of other dangerous weapons, including switchblades and metal knuckles.
Handgun possession is generally illegal in Chicago, but this newly-proposed ordinance would only apply to those violating carry and conceal provisions of city law.
A first offense would carry a minimum five-day jail sentence. Second offenses would trigger a minimum 15-day sentence, and a third or subsequent offense would carry a minimum 30 days. The maximum penalty would be six months. Fines for toting handguns would increase to $300 from $200.
County prosecutors, meanwhile, would like to know more about the proposal, said Sally Daly, spokeswoman for Cook County State’s Atty. Anita Alvarez.
The city clearly has authority to mandate jail sentences, Daly said. Police also have the option of leveling charges under city ordinances instead of state law, but there is some question about how that decision might be made, Daly said.
Posted at 07:01:00 AM in Chicago City Council
Wednesday, September 2, 2009
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