Tuesday, July 13, 2010

In Chicago - "We Want to Know Who Has Weapons"

The new Chicago gun ordinance went into effect yesterday and dozens flocked to Police Headquarters to pick up the registration forms according to the Sun-Times.

At a new conference, Jody Weis, Chicago Police Superintendent, said:
We want to know who has weapons so that first responders can be aware of that information before they enter a home.
I guess Supt. Weis is ignorant of the fact that under Illinois law all gun owners are required to have a Firearms Owner ID card - the FOID Card. One would think that since this info is held by the State Police that all other police agencies would have access to the info as well.

The new ordinance mandates processing in 120 days but other reports suggest it will take 5 1/2 months before the first handgun registration is finally processed. The Chicago PD has the forms and the law on their web site where they refer to it as the "Responsible Gun Ownership Ordinance". They suggest you just download the forms instead of coming to the Police Headquarters. Under no circumstances, they say, should you show up with your firearm.

Supt. Weis also said about the new law at the news conference:
The ordinance bars people from buying more than one handgun a month. Weis said there's no restriction on spouses or relatives of felons buying guns and keeping them in the house where a felon resides.

But the city's ordinance doesn't allow residents to carry handguns outside their homes. That includes garages and porches, Weis noted.
I won't even comment on the garages and porches not being part of a home but you would think that the Police Superintendent, a former FBI Special Agent, should know a little bit about Federal law. If a felon's spouse or relative has a gun in the same house where the felon resides, the felon would be considered in constructive possession of a firearm and liable to charged under Federal firearms law. Remember, ignorance of the law is no excuse for you but is OK for the cops.


  1. " If a felon's spouse or relative has a gun in the same house where the felon resides"


    i thought this was OK, IF the felon didnt not have access to said gun, IE:it was locked in a safe he didnt have access to..?

  2. Russ - I'm not sure if even keeping it locked up is good enough. Tom Gresham was discussing this a few months ago on his radio show. An Asst US Atty from Texas called in and responded that if the people were in the same house, it would be constructive possession. I think it may be up to the prosecutor. And in Chicago, I wouldn't want to chance it with that bunch.

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